Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Capital gain exemption on reinvestment in qualifying company shares; relief tied to timely use of proceeds for new plant and recapture rules apply. Section 54GB grants exemption from capital gains tax where an individual or HUF invests net consideration from sale of a long-term residential property in equity of a qualifying newly incorporated company and the company utilises those funds within one year to purchase specified new plant and machinery; the exemption is proportionate to the cost of the new asset relative to net consideration, unutilised sums must be deposited in a notified account and treated as cost for exemption, failure to apply deposited funds triggers recapture of the excess exemption, and disposal of the company shares or new asset within the prescribed holding period causes previously exempted gains to become chargeable.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Capital gain exemption on reinvestment in qualifying company shares; relief tied to timely use of proceeds for new plant and recapture rules apply.
Section 54GB grants exemption from capital gains tax where an individual or HUF invests net consideration from sale of a long-term residential property in equity of a qualifying newly incorporated company and the company utilises those funds within one year to purchase specified new plant and machinery; the exemption is proportionate to the cost of the new asset relative to net consideration, unutilised sums must be deposited in a notified account and treated as cost for exemption, failure to apply deposited funds triggers recapture of the excess exemption, and disposal of the company shares or new asset within the prescribed holding period causes previously exempted gains to become chargeable.
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