Section 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 Act, 2025 Part E Capital gains
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Capital gains exemption for relocation to Special Economic Zone where reinvestment in qualifying new assets defers tax liability. Exemption applies to capital gains on transferring business assets from an urban area to a Special Economic Zone when the assessee reinvests the gains in purchasing machinery or plant, acquiring or constructing building or land, shifting original assets and transferring the establishment, or incurring expenses under a notified scheme; reinvestment equal to or exceeding the gains yields no charge, a shortfall is taxed as income, cost of any new asset is adjusted for subsequent disposals, and unutilised gains must be deposited and used per the notified scheme or become taxable after the prescribed 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 for relocation to Special Economic Zone where reinvestment in qualifying new assets defers tax liability.
Exemption applies to capital gains on transferring business assets from an urban area to a Special Economic Zone when the assessee reinvests the gains in purchasing machinery or plant, acquiring or constructing building or land, shifting original assets and transferring the establishment, or incurring expenses under a notified scheme; reinvestment equal to or exceeding the gains yields no charge, a shortfall is taxed as income, cost of any new asset is adjusted for subsequent disposals, and unutilised gains must be deposited and used per the notified scheme or become taxable after the prescribed period.
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