Income-tax Act,1961
Act No : 43
Section :
Transactions not regarded as transfer
47. Transactions not regarded as transfer Nothing contained in section 45 shall apply to the following transfers:- (i) any distribution of capital assets on the total or partial partition of a Hindu undivided family; 1[(ii) Omitted by the Finance Act, 1987, w.e.f. 1-4-1988.1 (iii) any transfer of a capital asset under a gift or will or an irrevocable trust; (iv) any transfer of a capital asset by a company to its subsidiary company, if- (a) the parent company or its nominees hold the whole of the share capital of the subsidiary company, and (b) the subsidiary company is an Indian company; 2[(v) any transfer of a capital asset by a subsidiary company to the holding company, if- (a) the whole of the share capital of the subsidiary company is held by the holding company, and ----------------------------------------------------------------------- 1 Prior to the omission, clause (ii) read as under: "(ii) any distribution of capital assets on the dissolution of a firm, body of individuals or other association of persons;" 2 Inserted by the Finance Act, 1965 , w.e.f. 1-4-1965. ------------------------------------------------------------------------ 1.279 (b) the holding company is an Indian company:] 1[Provided that nothing contained in clause (iv) or clause (v) shall apply to the transfer of a capital asset made after the 29th day of February, 1988, as stock-in-trade;] 2[(vi) any transfer, in a scheme of amalgamation, of a capital asset by the amalgamating company to the amalgamated company if the amalgamated company is an Indian company; 3[(via) any transfer, in a scheme of amalgamation, of a capital asset being a share or shares held in an Indian company, by the amalgamating foreign company to the amalgamated foreign company, if- (a) at least twenty-five per cent of the shareholders of the amalgamating foreign company continue to remain shareholders of the amalgamated foreign company, and (b) such transfer does not attract tax on capital gains in the country, in which the amalgamating company is incorporated;] (vii) any transfer by a shareholder, in a scheme of amalgamation, of a capital asset being a share or shares held by him in the amalgamating company if- (a) the transfer is made in consideration of the allotment to him of any share or shares in the amalgamated company, and (b) the amalgamated company is an Indian company;] 4[ (viia) any transfer of a capital asset, being bonds or shares referred to in sub-section (1) of section 115AC, made outside India by a non-resident to another non- resident;] 5[(viii) any transfer of agricultural land in India effected before the 1st day of March, 1970;] 6[(ix) any transfer of a capital asset, being any work of art, archaeological, scientific or art collection, book, manuscript, drawing, painting, photograph or print, to the Government or a University or the National Museum, National Art Gallery, National Archives or any such other public museum or institution as may be notified 7 by the Central Government in the Official Gazette to be of national importance or to be of renown throughout any State or States. Explanation.-For the purposes of this clause, "University" means a University established or incorporated by or under a Central, State or Provincial Act and includes an institution ------------------------------------------------------------------------- 1 Inserted by the Finance Act, 1988, w.e.f. 1-4-1988. 2 Inserted by the Finance (No. 2) Act, 1967, w.e.f. 1-4-1967. 3 Inserted by the Finance Act, 1992, w.e.f. 1-4-1993. 4 Inserted by the Finance Act, 1992, w.e.f. 1-6-1992. 5 Inserted by the Finance Act, 1970, w.e.f. 1-4-1970. 6 Inserted by the Finance Act, 1976, w.e.f. 1-4-1977. ------------------------------------------------------------------------ 1.280 declared under section 3 of the University Grants Commission Act, 1956 1 (3 of 1956), to be a University for the purposes of that Act;] 2[(x) any transfer by way of conversion of 3[bonds or] debentures, debenture-stock or deposit certificates in any form, of a company into shares or debentures of that company.] 4 [47A. Withdrawal of exemption in certain cases Where at any time before the expiry of a period of eight years from the date of the transfer of a capital asset referred to in clause (iv) or, as the case may be, clause (v) of section 47,- (i) such capital asset is converted by the transferee company into, or is treated by it as, stock-in-trade of its business; or (ii) the parent company or its nominees or, as the case may be, the holding company ceases or cease to hold the whole of the share capital of the subsidiary company, the amount of profits and gains arising from the transfer of such capital asset not charged under section 45 by virtue of the provisions contained in clause (iv) or, as the case may be, clause (v) of section 47 shall, notwithstanding anything contained in the said clauses, be deemed to be income chargeable under the head "Capital gains" of the previous year in which such transfer took place.]
Read All Comments
