Rule 11UAC - Prescribed class of persons for the purpose of clause (XI) of the proviso to clause (x) of sub-section (2) section 56 - Income-tax Rules, 1962

3 [ Prescribed class of persons for the purpose of clause (XI) of the proviso to clause (x) of sub-section (2) of section 56. 11UAC . The provisions of clause (x) of sub-section (2) of section 56 shall not apply to,- (1) any immovable property, being land or building or both, received by a resident of an unauthorized colony in the National Capital Territory of Delhi, where the Central Government by notification in the Official Gazettee, regularised the transactions of such immovable property based on the latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration for conferring or recognising right of ownership or transfer or mortgage in regard to such immovable property in favour of such resident. Explanation.-For the purposes of this sub-rule,- (a) resident means a person having physical possession of property on the basis of a registered sale deed or latest set of Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration in respect of a property in unauthorised colonies and includes their legal heirs but does not include tenant, licensee or permissive user; (b) unauthorised colony shall have the same meaning as assigned to it in clause (b) of section 2 of the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of 2019). (2) any movable property, being unquoted shares, of a company and its subsidiary and the subsidiary of such subsidiary received by a shareholder, where,- (i) the Tribunal, on an application moved by the Central Government under section 241 of the Companies Act, 2013, has suspended the Board of Directors of such company and has appointed new directors nominated by the Central Government under section 242 of the said Act; and (ii) share of company and its subsidiary and the subsidiary of such subsidiary has been received pursuant to a resolution plan approved by the Tribunal under section 242 of the Companies Act, 2013 after affording a reasonable opportunity of being heard to the jurisdictional Principal Commissioner or Commissioner. Explanation.- For the purposes of this sub-rule,- (a) a company shall be a subsidiary of another company, if such other company holds more than half in nominal value of the equity share capital of the company; (b) Tribunal shall have the meaning assigned to it in clause (90) of section 2 of the Companies Act, 2013 (18 of 2013). (3) any movable property, being equity shares, of the reconstructed bank, received by the investor or the investor bank, as the case may be, where the said share has been allotted by the reconstructed bank under the scheme at a price specified in sub-paragraph (3) of paragraph 3 of the scheme. Explanation. - For the purposes of this sub-rule,- (a) investor shall have the same meaning as assigned to it in sub-clause (b) of clause (1) of paragraph 2 of the Scheme; (b) investor bank shall have the same meaning as assigned to it in sub-clause (c) of clause (1) of paragraph 2 of the Scheme; (c) reconstructed bank shall have the same meaning as assigned to it in sub-clause (d) of clause (1) of paragraph 2 of the Scheme; (d) Scheme means Yes Bank Limited Reconstruction Scheme, 2020. ] 5 [ (4) any movable property, being equity shares, of a public sector company or a company, received by a person from a public sector company or the Central Government or any State Government under strategic disinvestment. Explanation - For the purposes of 6 [ this sub- rule ] , 'strategic disinvestment' shall have the same meaning as assigned to it in clause (iii) of Explanation to clause (d) of sub-section (1) of section 72A. ] 7 [ (5) any movable property, being shares or units or interest in the resultant fund received by the fund management entity of the resultant fund, in lieu of shares or units or interest held by the investment manager entity in the original fund, pursuant to the relocation, subject to the following conditions, namely:- (i) not less than ninety per cent of shares or units or interest in the fund management entity of the resultant fund are held by the same entity(ies) or person(s) in the same proportion as held by them in the investment manager entity of the original fund; and (ii) not less than ninety per cent of the aggregate of shares or units or interest in the investment manager entity of the original fund was held by such entity(ies) or person(s). Explanation . For the purposes of this sub-rule, (a) the expressions relocation , original fund and resultant fund shall have the meanings respectively assigned to them in the Explanation to clause (viiac) and clause (viiad) of section 47; (b) fund management entity shall have the same meaning as provided in the sub-clause (p) of regulation 2 of the International Financial Services Centres Authority (Fund Management) Regulations, 2022; and (c) investment manager entity means the fund manager of the original fund regulated by the respective regulation of the jurisdiction in which the original fund is located. ] *********** NOTES:- 1. Inserted vide Notification No. 96/2019 dated 11-11-2019 w.e.f. 01-04-2020 2. Substituted vide NOTIFICATION NO. G.S.R. 124(E) dated 17-02-2020 w.e.f. 01-04-2020 before it was read as (b) unauthorised colony means a colony or development comprising of a contiguous area, where no permission has been obtained for approval of layout plan or building plans and has been identified for regularisation of such colony in pursuance to the notification number S.O. 683(E), dated the 24th March, 2008, of the Delhi Development Authority, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), dated the 24th March, 2008. 3. Substituted vide NOTIFICATION NO. 40/2020 dated 29-06-2020 w.e.f. 01-04-2020 before it was read as 1 [Prescribed class of persons for the purpose of clause (XI) of the proviso to clause (x) of sub-section (2) section 56. 11UAC . The provisions of clause (x) of sub-section (2) of section 56 shall not apply to any immovable property, being land or building or both, received by a resident of an unauthorised colony in the National Capital Territory of Delhi, where the Central Government by notification in the Official Gazettee, regularised the transactions of such immovable property based on the latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration for conferring or recognising right of ownership or transfer or mortgage in regard to such immovable property in favour of such resident. Explanation .―For the purposes of this rule,─ (a) resident means a person having physical possession of property on the basis of a registered sale deed or latest set of Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration in respect of a property in unauthorised colonies and includes their legal heirs but does not include tenant, licensee or permissive user; 2 [ (b) unauthorised colony shall have the same meaning as assigned to it in clause (b) of section 2 of the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of 2019) ]] 4. Inserted vide NOTIFICATION NO. 105/2021 dated 10-09-2021 w.e.f. 01-04-2022 5. Substituted vide NOTIFICATION NO. 35/2023 dated 31-05-2023 w.e.f. 01-04-2023 before it was read as, 4 [ (4) any movable property, being equity shares, of the public sector company, received by a person from the Central Government or any State Government under strategic disinvestment. Explanation For the purpose of this clause, strategic disinvestment shall have the same meaning as assigned to it in clause (iii) of Explanation to clause (d) of sub-section (1) of section 72A. ] 6. Substituted vide NOTIFICATION NO. 51/2023 dated 18-07-2023 before it was read as, this clause 7. Inserted vide NOTIFICATION NO. 51/2023 dated 18-07-2023