Capital gains exemption for industrial relocation depends on timely reinvestment, deposit compliance, and prescribed treatment of unutilised gains. Capital gains exemption is available where an industrial undertaking is shifted from an urban area to a non-urban area and specified business assets are transferred for that purpose. The assessee must reinvest within one year before or three years after the transfer in new plant and machinery, land or building, construction, shifting expenses or other approved expenditure, and the exemption is limited to the amount so invested. Unutilised capital gains must be deposited in the notified capital gains deposit scheme within the prescribed time, and any amount remaining unutilised after three years becomes taxable as 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.
Capital gains exemption for industrial relocation depends on timely reinvestment, deposit compliance, and prescribed treatment of unutilised gains.
Capital gains exemption is available where an industrial undertaking is shifted from an urban area to a non-urban area and specified business assets are transferred for that purpose. The assessee must reinvest within one year before or three years after the transfer in new plant and machinery, land or building, construction, shifting expenses or other approved expenditure, and the exemption is limited to the amount so invested. Unutilised capital gains must be deposited in the notified capital gains deposit scheme within the prescribed time, and any amount remaining unutilised after three years becomes taxable as capital gains.
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