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)
Section 54GA - Exemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area to any Special Economic Zone
Income-tax Act, 1961 Part E Capital gains
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Capital gains exemption on shifting industrial undertakings to Special Economic Zones conditioned on reinvestment and notified deposit compliance. Exemption covers capital gains from transferring industrial assets in an urban area when shifting the undertaking to a Special Economic Zone, contingent on reinvestment in qualifying new assets, shifting of the establishment or specified scheme expenses. Excess gain over the cost of such new assets is taxable; if gain is equal to or less than the new asset cost the gain is exempt and the new asset cost is reduced. Unutilised amounts must be deposited in a notified account and treated as new asset cost, with unutilised deposits taxed when the utilisation period expires.
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 gains exemption on shifting industrial undertakings to Special Economic Zones conditioned on reinvestment and notified deposit compliance.
Exemption covers capital gains from transferring industrial assets in an urban area when shifting the undertaking to a Special Economic Zone, contingent on reinvestment in qualifying new assets, shifting of the establishment or specified scheme expenses. Excess gain over the cost of such new assets is taxable; if gain is equal to or less than the new asset cost the gain is exempt and the new asset cost is reduced. Unutilised amounts must be deposited in a notified account and treated as new asset cost, with unutilised deposits taxed when the utilisation period expires.
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