Transfer of capital assets in a scheme of amalgamation of a banking company with a banking institution - (New) Section 70(1)(i) / (Old) Section 47(viaa)
Capital Gains - Certain transactions not regarded as Transfer
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Capital gains exemption for banking amalgamation asset transfers preserves previous owner cost and holding period treatment. Transfer of a capital asset by a banking company to a banking institution under a scheme of amalgamation sanctioned and brought into force by the Central Government is treated as not regarded as a transfer for capital gains purposes. The transferee takes the asset at the cost to the previous owner, and the previous owner's period of holding is also included for computing holding 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 banking amalgamation asset transfers preserves previous owner cost and holding period treatment.
Transfer of a capital asset by a banking company to a banking institution under a scheme of amalgamation sanctioned and brought into force by the Central Government is treated as not regarded as a transfer for capital gains purposes. The transferee takes the asset at the cost to the previous owner, and the previous owner's period of holding is also included for computing holding period.
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