9911796707
TMI BlogAmendment of Section 54EX X X X Extracts X X X X X X X X Extracts X X X X ..... rt of any eligible issue of capital where the investment in such shares is made after the 28th day of February, 1978; ; (ii) Explanation 2 shall be renumbered as Explanation 4 and before the Explanation as so renumbered, the following Explanations shall be inserted, namely :- Explanation 2 : Eligible issue of capital shall have the meaning assigned to it in sub-section (3) of section 80CC. Explanation 3 : An assessee shall not be deemed to have invested the full value of the consideration or any part thereof in any equity shares referred to in clause (va) of Explanation 1, unless the assessee has subscribed to or purchased the shares in the manner specified in sub-section (4) of section 80CC. ; (b) after sub-section (1), the following sub-s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin a period of ninety days from the expiry of the period of three years reckoned from the date of such deposit, furnish to the Income-tax Officer a certificate from the officer referred to in clause (b) of sub-section (1A) to the effect that the assessee has not taken any loan or advance on the security of such deposit during the said period of three years. ; (c) in sub-section (2), the following Explanation shall be inserted at the end, namely :- Explanation : Where the assessee deposits after the 27th day of April, 1978, the full value of the consideration or any part thereof received or accruing as a result of the transfer of the original asset in any new asset, being a deposit referred to in clause (vi) of Explanation 1 below sub-sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wing manner, that is to say, - (a) if the cost of the relevant asset is not less than the additional compensation or consideration, the whole of the unadjusted capital gain shall not be charged under section 45; (b) if the cost of the relevant asset is less than the additional compensation or consideration, so much of the unadjusted capital gain as bears to the whole of the unadjusted capital gain the same proportion as the cost of acquisition of the relevant asset bears to the additional compensation or consideration shall not be charged under section 45. Explanation : For the purposes of this sub-section, - (i) additional compensation shall have the meaning assigned to it in clause (1) of the Explanation to sub-section (2) of section 54; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, the amount of capital gain arising from the transfer of the original asset not charged u/s. 45 on the basis of the cost of such relevant asset as provided in clause (a) or, as the case may be, clause (b), of sub-section (3) shall be deemed to be income chargeable under the head Capital gains relating to capital assets other than short-term capital assets of the previous year in which the relevant asset is transferred or converted (otherwise than by transfer) into money. Explanation : Where the assessee deposits after the 27th day of April, 1978, the whole or any part of the additional compensation or, as the case may be, the additional consideration referred to in sub-section (3) in any relevant asset, being a deposit referred to in c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
