Taxability of advance for transfer of a capital asset

     The existing provisions contained in section 56 of the Act provide that income of every kind which is not to be excluded from the total income under the Act shall be chargeable to income-tax under the head “Income from other sources”, if it is not chargeable to income-tax under any other head of income.

     Sub-section (2) provides for the specific category of incomes that shall be chargeable to income-tax under the head “Income from other sources”.

     It is proposed to insert a new clause (ix) in sub-section (2) of section 56 to provide for the taxability of any sum of money, received as an advance or otherwise in the course of negotiations for transfer of a capital asset. Such sum shall be chargeable to income-tax under the head ‘income from other sources’ if such sum is forfeited and the negotiations do not result in transfer of such capital asset. A consequential amendment in clause (24) of section (2) is also being made to include such sum in the definition of the term 'income'.

     The existing provisions of section 51 provide that any advance retained or received shall be reduced from the cost of acquisition of the asset or the written down value or the fair market value of the asset. In order to avoid double taxation of the advance received and retained, section 51 is also proposed to be amended to provide that where any sum of money received as an advance or otherwise in the course of negotiations for transfer of a capital asset , has been included in the total income of the assesse for any previous year, in accordance with the provisions of clause (ix) of sub-section (2) of section 56, such amount shall not be deducted from the cost for which the asset was acquired or the written down value or the fair market value, as the case may be, in computing the cost of acquisition.

     These amendments will take effect from 1st April, 2015 and will, accordingly, apply in relation to the assessment year 2015-16 and subsequent years.

[Clauses 3, 21 & 25]

Taxability of advance for transfer-forfeited advances taxed as income from other sources and not deductible from acquisition cost. Sums received as advances during negotiations for transfer of a capital asset, when forfeited and the negotiations do not result in transfer, are to be charged under the head Income From Other Sources, and included in the definition of income. Correspondingly, where such an advance has been included in total income, that amount shall not be deducted from the cost of acquisition, written down value or fair market value of the asset in computing cost.