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)
Computation of capital gains for depreciable assets treats excess consideration over block basis as short term capital gain. Where assets form part of a depreciable block, if aggregate consideration on transfers in the year exceeds transfer expenses plus the block's opening written down value and actual cost of acquisitions during the year, the excess is deemed to be short term capital gains; when a block ceases to exist because all assets are transferred, the block's opening written down value plus acquisitions is treated as cost of acquisition and the income from such transfers is deemed short term capital gains. Goodwill within a depreciable block has specified prescribed treatment and certain reductions are deemed transfers.
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.
Computation of capital gains for depreciable assets treats excess consideration over block basis as short term capital gain.
Where assets form part of a depreciable block, if aggregate consideration on transfers in the year exceeds transfer expenses plus the block's opening written down value and actual cost of acquisitions during the year, the excess is deemed to be short term capital gains; when a block ceases to exist because all assets are transferred, the block's opening written down value plus acquisitions is treated as cost of acquisition and the income from such transfers is deemed short term capital gains. Goodwill within a depreciable block has specified prescribed treatment and certain reductions are deemed transfers.
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