Clause 88 - 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 Bill, 2025 - Old Version Part E Capital gains
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Capital gains exemption on transfers to Special Economic Zone depends on reinvestment in specified new assets within a statutory window. Exemption of capital gains is provided where assets used in an industrial undertaking in an urban area are transferred in consequence of shifting the undertaking to a Special Economic Zone, conditional on purchase, acquisition, construction, transfer of establishment, or specified expenditure on new assets within the statutory window; shortfalls between capital gains and new asset costs are taxable, equality or excess negates tax, and deposited unutilised amounts treated as cost and subject to charge if not used within the period.
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 transfers to Special Economic Zone depends on reinvestment in specified new assets within a statutory window.
Exemption of capital gains is provided where assets used in an industrial undertaking in an urban area are transferred in consequence of shifting the undertaking to a Special Economic Zone, conditional on purchase, acquisition, construction, transfer of establishment, or specified expenditure on new assets within the statutory window; shortfalls between capital gains and new asset costs are taxable, equality or excess negates tax, and deposited unutilised amounts treated as cost and subject to charge if not used within the period.
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