MEANING OF TRANSFER OF CAPITAL ASSETS AND RELATED EXCLUSIONS

   

Meaning:

Transfer in relation to capital asset includes sale, exchange, relinquishment, or compulsory acquisition of the asset or extinguishment of any rights therein.

Exclusions:

Section

Description

Cost in the hands of the transferee

46(1)

Distribution of asset in kind by a company to its shareholders at the time of liquidation.

Market Value of the asset on the date of distribution.

47(i)

Distribution of Capital Asset on total or partial partition of a Hindu Undivided Family

Cost to the Previous Owner.

47(iii)

Transfer of Capital asset under a gift or will or an irrevocable trust.

Cost to the Previous Owner

47(iv)

Transfer of Capital asset by a Company to its 100% subsidiary company.

Cost to the Previous Owner

47(v)

Transfer of Capital asset by a Subsidiary Company to its 100% Holding company.

Cost to the Previous Owner

47(vi)

Transfer of capital asset in a scheme of amalgamation

Cost to the Previous Owner

47(via)

Transfer of shares of an Indian company held by a foreign company to another foreign company in scheme of amalgamation of two foreign companies.

Cost to the Previous Owner

47(viaa)

Transfer of capital asset in a scheme of amalgamation of banking company with a banking institution.

Cost to the Previous Owner

47(vib)

Transfer in a demerger of a capital asset by the demerged company to resulting company.

Cost to the Previous Owner

47(vic)

Transfer of shares held in an Indian company by a demerged foreign company to the resulting foreign company.

-

47(vid)

Transfer or issue of shares by the resulting company in a scheme of demerger to the shareholders of the demerged company

Proportionate cost of acquisition of shares in demerged company

47(vii)

Allotment of shares in an amalgamated company in lieu of shares held in amalgamating company.

Cost of shares in amalgamating company.

47(viia)

Transfer of Capital asset (being foreign currency convertible bonds or GDR) by a non resident to another non resident.

-

47(viii)

Transfer of Agricultural land in India before March 1st’ 1970.

-

47(ix)

Transfer of Capital asset (being work of art, manuscript, painting etc.) to Govt./ University/ National Museum etc.

-

47(x)

Transfer by way of Conversion of Bonds or Debentures into Shares.

Cost of shares would be the cost of bonds/ debentures.

47(xi)

Transfer by way of exchange of a Capital asset being membership of a recognized stock exchange for shares of a company.

 

47(xii)

Transfer of land by a sick industrial company which is managed by its workers’ co-operative.

 

47(xiii)

Transfer of a Capital asset by a firm to a company in case of conversion of firm into a company.

 

47(xiiia)

Transfer of capital asset, being a membership right held by a member of a recognized stock exchange in India.

Cost of acquisition would be acquisition cost of original membership of the exchange.

47(xiv)

Transfer of capital asset to company in the case of conversion of a proprietary concern into a company

 

47(xv)

Transfer involved in a scheme of lending securities.

 

When Transfer is considered to be Complete & Effective:

Usually, Capital gain is taxable in the year of transfer of capital asset. However following are the basic rules framed to determine that whether transfer of asset is actually a transfer as per the Income Tax Act:

  • Transfer of immovable property when documents are registered: Title to Immovable assets will not pass till the conveyance deed is executed or registered.

  • Transfer of immovable property when documents are not registered: On satisfaction of the following conditions of Section 53A of the Transfer of Property Act’ 1882, the transfer is considered as completed as per Income Tax Act provisions:

    1. There should be a contract in writing;

    2. The transferee has paid consideration or is willing to perform his part of the contract;

    3. The transferee should have taken possession of the property.

  • Movable Asset: Title to a movable asset passes at the time of delivery of the asset in pursuance to a contract of sale.