TMI BlogCapital gainsX X X X Extracts X X X X X X X X Extracts X X X X ..... ther assets shall be chargeable to income-tax under the head Capital gains and shall be deemed to be the income of such person of the previous year in which such money or other asset was received and for the purposes of section 48, value of any money or the fair market value of other assets on the date of such receipt shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of such capital asset. Explanation .-For the purposes of this sub-section, the expression insurer shall have the meaning assigned to it in clause ( 9 ) of section 2 of the Insurance Act, 1938 (4 of 1938). ] 20 [ (1B) Notwithstanding anything contained in sub-section (1), where any person receives at any time during any previous year any amount under a unit linked insurance policy, to which exemption under clause (10D) of section 10 does not apply on account of the applicability of the fourth and fifth proviso thereof, including the amount allocated by way of bonus on such policy, then, any profits or gains arising from receipt of such amount by such person shall be chargeable to income-tax under the head Capital gains and shall be deemed to be the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e capital asset shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of the capital asset. 21 [ (4) Notwithstanding anything contained in sub-section (1), where a specified person receives during the previous year any money or capital asset or both from a specified entity in connection with the reconstitution of such specified entity, then any profits or gains arising from such receipt by the specified person shall be chargeable to income-tax as income of such specified entity under the head Capital gains and shall be deemed to be the income of such specified entity of the previous year in which such money or capital asset or both were received by the specified person, and notwithstanding anything to the contrary contained in this Act, such profits or gains shall be determined in accordance with the following formula, namely:- A = B+C-D Where, A = income chargeable to income-tax under this sub-section as income of the specified entity under the head Capital gains ; B = value of any money received by the specified person from the specified entity on the date of such receipt; C = the amount of fair market va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of India shall be chargeable as 15 [ income under the head Capital gains of the previous year in which such compensation or part thereof, or such consideration or part thereof, was first received ] ; and ( b ) the amount by which the compensation or consideration is enhanced or further enhanced by the court, Tribunal or other authority shall be deemed to be income chargeable under the head Capital gains of the previous year in which such amount is received by the assessee; 8 [ Provided that any amount of compensation received in pursuance of an interim order of a court, Tribunal or other authority shall be deemed to be income chargeable under the head Capital gains of the previous year in which the final order of such court, Tribunal or other authority is made; ] 16 [ ( c ) where in the assessment for any year, the capital gain arising from the transfer of a capital asset is computed by taking the compensation or consideration referred to in clause ( a ) or, as the case may be, enhanced compensation or consideration referred to in clause ( b ), and subsequently such compensation or consideration is reduced by any court, Tribunal or other authority, such assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under any law for the time being in force; (ii) specified agreement means a registered agreement in which a person owning land or building or both, agrees to allow another person to develop a real estate project on such land or building or both, in consideration of a share, being land or building or both in such project, whether with or without payment of part of the consideration in cash; (iii) stamp duty value means the value adopted or assessed or assessable by any authority of the Government for the purpose of payment of stamp duty in respect of an immovable property being land or building or both.] 17 [ (6) Notwithstanding anything contained in sub-section (1), the difference between the repurchase price of the units referred to in sub-section (2) of section 80CCB and the capital value of such units shall be deemed to be the capital gains arising to the assessee in the previous year in which such repurchase takes place or the plan referred to in that section is terminated and shall be taxed accordingly. Explanation . -For the purposes of this sub-section, capital value of such units means any amount invested by the assessee in the units referred to in sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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