Computation of capital gains: excess consideration on depreciable asset blocks treated as short term capital gains under specified test. For a depreciable asset block, if total consideration on transfers in a tax year exceeds expenditure wholly for the transfer plus the written down value of the block at the start of the year plus actual cost of assets acquired into the block during the year, the excess is deemed to be short term capital gains. If all assets in a block are transferred so the block ceases to exist, the cost of acquisition is the starting written down value increased by actual cost of assets added during the year, and the income from such transfers is treated as short term capital gains.
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: excess consideration on depreciable asset blocks treated as short term capital gains under specified test.
For a depreciable asset block, if total consideration on transfers in a tax year exceeds expenditure wholly for the transfer plus the written down value of the block at the start of the year plus actual cost of assets acquired into the block during the year, the excess is deemed to be short term capital gains. If all assets in a block are transferred so the block ceases to exist, the cost of acquisition is the starting written down value increased by actual cost of assets added during the year, and the income from such transfers is treated as short term capital gains.
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