Under section 2(47) of income tax act which of the following is not a transfer
The Act contains an inclusive definition of the term ‘transfer’. Accordingly, transfer in relation to a
capital asset includes the following types of transactions:
(i) the sale, exchange or relinquishment of the asset; or
(ii) the extinguishment of any rights therein; or
(iii) the compulsory acquisition thereof under any law; or
(iv) the owner of a capital asset may convert/treated the same into/as the stock-in-trade of a
business carried on by him. Such conversion/treatment is treated as transfer; or
(v) the maturity or redemption of a zero coupon bond; or
(vi) possession of an immovable property in consideration of part-performance of a contract
referred to in section 53A of the Transfer of Property Act, 1882.
Example: A enters into an agreement for the sale of his house.
(vii) transactions which have the effect of transferring or enabling the enjoyment of an
immovable property.
TRANSACTIONS NOT REGARDED AS TRANSFER
[SECTION 47]
Section 47 specifies certain transactions which will not be regarded as transfer for the purpose of
capital gains tax:
Clause of
section 47
|
Particulars of transfer of
capital asset referred to in
column (3)
|
Asset transferred
|
Conditions to be
fulfilled
|
47(i)
|
Any
distribution on the total or
partial partition of a HUF
|
Any capital
asset
|
-
|
47(iii)
|
Any transfer
under a gift or
will or an irrevocable trust
|
Any capital
asset.
However, it shall
not
include transfer under a
gift or an
irrevocable
trust of a capital asset
being shares,
debentures or warrants
allotted by a
company directly or indirectly
to
its employees under the
Employees' Stock
Option Plan or Scheme
offered to its employees
in accordance with the
guidelines issued in this
behalf by the
Central
Government
|
-
|
47(iv)
|
Any transfer by
a company to
its subsidiary company
|
Any capital
asset
|
(a) The parent company
or its nominees must
hold the whole of the
shares of the
subsidiary company;
and
(b) The subsidiary
company must be an
Indian company.
|
47(v)
|
Any transfer by
a subsidiary
company to the
holding
company
|
Any capital
asset
|
(a) The whole
of share
capital of the
subsidiary company
must be held by the
holding company;
and
(b) The holding
company must be an
Indian company.
The exemption mentioned
in section 47(iv) or (v) will
not apply if a capital asset
is transferred as stock-in-
trade.
|
47(vi)
|
Any transfer
by the
amalgamating company to the
amalgamated company, in a
scheme of amalgamation.
|
Any capital
asset
|
The amalgamated
company should be
an
Indian company
|
47(via)
|
Any transfer
by the
amalgamating foreign
company to the amalgamated
foreign company, in a scheme
of amalgamation of
two
foreign companies.
|
Capital asset,
being
shares held in an Indian
company
|
(a) At least 25% of the
shareholders of the
amalgamating foreign
company must
continue to remain
shareholders of the amalgamated foreign
company;
(b) Such transfer should
not attract capital
gains in the country
in which the
amalgamating
company is
incorporated.
|
47(viaa)
|
Any transfer
by a banking
company to banking
institution, in a
scheme of
amalgamation of the banking
company with the
banking
institution, sanctioned and
brought into force
by the
Central Government under
section 45(7) of the Banking
Regulation Act, 1949.
|
Any capital
asset
|
-
|
47(viab)
|
Any transfer
by the
amalgamating foreign
company to the amalgamated
foreign company, in a scheme
of amalgamation of
two
foreign companies.
|
Capital asset,
being
share of a
foreign
company, referred to in
Explanation 5 to section
9(1)(i), which derives,
directly or indirectly, its
value substantially from
the share or shares of
an Indian company
|
(a) At least 25% of the
shareholders of the
amalgamating foreign
company must
continue to remain
shareholders of the
amalgamated foreign
company;
(b) Such transfer should
not attract capital
gains in the country
in which the
amalgamating
company is
incorporated.
|
47(vib)
|
Any
transfer, in a demerger,
by the demerged company to
the resulting company
|
Any capital
asset
|
The resulting
company
should be an
Indian
company.
|
47(vic)
|
Any transfer by
the demerged
foreign company to
the
resulting foreign company, in
a scheme of demerger of a
foreign company.
|
Capital asset,
being a
share or shares held in
an Indian company
|
(a) The
shareholders
holding at least
three-fourths in value
of the shares of the
demerged foreign
company continue to remain
shareholders
of the resulting
foreign company;
(b) Such transfer should
not attract tax
on
capital gains in
the
country, in which the
demerged foreign
company is
incorporated.
However, the provisions
of sections 391 to 394 of
the Companies Act,
19564, shall not apply in
case of demergers
referred to in this clause.
|
47(vica)
|
Any transfer
by the
predecessor co-operative
bank to the
successor co-
operative bank or
to the
converted banking company,
in a
business reorganization
of co-operative bank.
|
Any capital
asset
|
-
|
47(vicb)
|
Any transfer by
a shareholder Capital asset, being
a
of predecessor co-operative share or shares held by
consideration
bank, in a
business him in the predecessor allotment to him
of any
reorganization.
|
co-operative
bank
|
If the transfer
is made in
of the
share or shares
in the
successor co-operative
bank or the
converted
banking company.
Note - Refer to section
44DB for the meanings of
"business
reorganisation",
"converted banking
company", "predecessor
co-operative bank" and
"successor co-operative
bank".
|