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Transfer Of A Capital Asset [Section 2(47)] for Computing Capital Gain

(a)        Transfer—U/s 2(47) of Income-tax Act 1961, the term ‘transfer’ has been defined as Transfer in relation to a capital asset includes :

(i)         the sale, exchange or relinquishment of the asset; or

(ii)        the extinguishment of any rights therein; or

(iii)       the compulsory acquisition thereof under any law; or

(iv)       in a case where the asset is converted by the owner thereof into, or is treated by him as stock-in-trade of a business carried on by him, such conversion or treatment; or

(v)        any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53A of the Transfer of Property Act, 1882; or

(vi)       any transaction (whether by way of becoming a member of, a acquiring shares in, a co-operative society, company or other association of persons or by way of any agreement or any arrangement or in any other manner whatsoever) which has the effect of transferring or enabling the enjoyment of, any immovable property.

(vii)      maturity or redemption of a zero coupon bond.

Clarification of the expression “Transfer” [Explanation 2 to Section 2(4 7)] [w.r.e.f. 1-4-1962]

“Transfer” includes and shall be deemed to have always included disposing of or parting with an asset or any interest therein, or creating any interest in any asset in any manner whatsoever, directly or indirectly, absolutely or unconditionally, voluntarily or involuntarily, by way of an agreement (whether entered into in India or outside India) or otherwise, notwithstanding that such transfer of rights has been characterised as being effected or dependent upon or flowing from the transfer of a share or shares of a Co. registered or incorporated outside India.

In this definition the word ‘transfer’ represents the sale, exchange or relinquishment of the assets. The ownership of the asset has to change to make a complete transfer. Eric L. Kohler has defined transfer as “The passage of property usually with title, or of services from one person to another.” The asset may be transferred under free-will or under compulsion. The scheme of capital gain taxation includes both the types of transfer, voluntary or involuntary. As such any sale of asset of debtor under the court order will be ‘transfer’ under the provision of this Act.

It is immaterial whether the assets are transferred by the owner himself or on his behalf by some other person. Assets of the firm under dissolution are sold by a commissioner or receiver under the order of court and if there is capital gain, the firm under dissolution will pay tax on such capital gain.

The compulsory acquisition of an asset by Government also constitutes ‘transfer’ and any gain arising from such transaction will also be considered as ‘Capital Gains’. The meaning of word ‘transfer’ is not restricted only to transfers by act of parties : compulsory acquisition of the property also amounts to a transfer. [Vadilal Soda Ice Factory v. CIT (1917) 80 I.T.R. 711]. “A running concern’s sale by a firm to a company (newly formed) will also be considered as transfer.”


More Topics ... @ ' Capital Gain's

Capital Gain , Capital Assets & Property for Computing Capital Gain
Types of Capital Assets for Computing ‘Capital Gain’
Types of Capital Gains for Computing ‘Capital Gain’
Computation Of ‘Period Of Holding
 Transfer Of A Capital Asset [Section-2(47)]
Transactions Not regarded as ‘Transfer’ [Section-47]
Capital Gain is Deemed to be the Income of the Previous Year
Amount Received from insurer [Section-45(1A)] for Computing Capital Gain
Transfer of Capital Assets by a person to firm, AOP or Body Of Individuals (BOI) [Section 45(3)] for Computing Capital Gain
 Enhancement of Compensation on Compulsory Acquisition of Assets [Section-45(5)] for Computing Capital Gain
Sale of units Purchased for Deduction U/s 80 CCB [Section-45(6)]
Distribution of Assets by A Company in Liquidation for Computing Capital Gain
Capital Gain on Purchase by A Company of its Own Shares or Other  Securities [Section 46A]
Method of Computing Capital Gain [Section 48]
Expenses Disallowed u/s Section 48 for Computing Capital Gain
Cases in which the Indexation of Cost is not to be done while Calculating long Term Capital Gain
 Computation of Capital Gain in Case of Non-Residents [Sec. 48 Proviso 1 ]
Determination of Cost of Acquisition for Computing Capital Gain.
Taxation of Gain on ‘Slump Sale’ for Computing Capital Gain

Special Provision for full Value of Consideration in certain cases (Section 50C] for Computing Capital Gain
Treatment of Advance Money Received and Forfeited (Section-51] for Computing Capital Gain
Cost of Acquisition of Goodwill [Section-55(2)(a)] for Computing Capital Gain
Cost of Acquisition of Shares [Section 55 (2) (v)] for Computing   Capital Gain
Capital Gains Exempted u/s 10
Capital Gains—Exempted u/s 54
 Capital Gain on Transfer of Self-Cultivated Agricultural Land in Urban   Areas [ Section 54 B]
Capital Gains on Compulsory Acquisition Of Land And Buildings [Section 54D]
 Capital Gain on Transfer of any Long Term Capital Asset [Section-54EC]
Exemption of Capital Gain on Transfer Of Long-Term Capital Assets in case of Investment In Residential House [Section 54F]
Capital Gain on Shifting of Industrial Undertaking from Urban Areas to Non-Urban Areas [Section 54G]
 Exemption of Capital Gain on transfer of assets in case of shifting of Industrial Undertaking from an urban area to any Special Economic Zone (SEZ) [Sec. 54GA]
Long term Capital Gain on Transfer of Residential Property if Net Consideration is Invested in the Equity Shares of an Eligible company [Section 54GB] [w.e.f. A.Y. 2013- 14 but upto A.Y. 201 7-1 8]
Reference to Valuation Officer [Section 55] towards Capital Gain

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