Capital gains arising from transfer of an asset by way of compulsory acquisition

     The existing provisions contained in section 45 provide for charging of any profits or gains arising from transfer of a capital asset. Sub-section (5) of the said section provides for dealing with capital gains arising from transfer by way of compulsory acquisition where the compensation is enhanced or further enhanced by the court, Tribunal or any other authority. Clause (b) of the said sub-section provides that where the amount of compensation is enhanced or further enhanced by the court it shall be deemed to be the income chargeable of the previous year in which such amount is received by the assessee.

     There is uncertainty about the year in which the amount of compensation received in pursuance of an interim order of the court is to be charged to tax, due to court orders.

Accordingly, it is proposed to provide that the amount of compensation received in pursuance of an interim order of the court, Tribunal or other authority shall be deemed to be income chargeable under the head ‘Capital gains’ in the previous year in which the final order of such court, Tribunal or other authority is made.

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

[Clause 17]

Capital gains timing for compensation under interim court orders clarified; taxable in the year of the final order. The amendment provides that compensation received pursuant to an interim order of a court, Tribunal or other authority in cases of compulsory acquisition shall be deemed to be income chargeable under the head Capital gains in the previous year in which the final order of such court, Tribunal or other authority is made; the amendment takes effect from 1st April, 2015 and applies to the assessment year 2015 16 and subsequent years.