Amendment of section 45

Section 13 of the Finance Act, 1987 deals with amendment of section 45. Amendment of section 45. 13. In section 45 of the Income-tax Act, with effect from the 1st day of April, 1988,— (a) in sub-section (1), for the figures, letters and word "54E and 54F", the figures,, letters and word "54E, 54F and 54G" shall be substituted;

Amendment of section 45.

13. In section 45 of the Income-tax Act, with effect from the 1st day of April, 1988,—

(a) in sub-section (1), for the figures, letters and word "54E and 54F", the figures,, letters and word "54E, 54F and 54G" shall be substituted;

(b) after sub-section (2), the following sub-sections shall be inserted, namely:—

'(3) The profits or gains arising from the transfer of a capital asset by a person to a form or other association of persons or body of individuals (not being a company or a co-operative society) in which he is or becomes a partner or member, by way of capital contribution or otherwise, shall be chargeable to tax as his income of the previous year in which such transfer takes place and, for the purposes of section 48, the amount recorded in the books of account of the firm, association or body as the value of the 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.

(4) The profits or gains arising from the transfer of a capital asset by way of distribution of capital assets on the dissolution of a firm or other association of persons or body of individuals (not being a company or a co-operative society) or otherwise, shall be chargeable to tax as the income of the firm, association of the previous, year which the said transfer takes place and, for the purposes of section 48, the fair market value of the asset on the date of such transfer shall be deemed to be the full value of the consideration received or accruing as a result of the transfer.

(5) Notwithstanding anything contained in sub-section (1), where the capital gain arises from the transfer of a capital asset, being a transfer by way of compulsory acquisition under any law, or a transfer the consideration for which was determined or approved by the Central Government or the Reserve Bank of India, and the compensation or the consideration for such transfer is enhanced or further enhanced by any court, tribunal or other authority, the capital gain shall be dealt with in the following manner, namely: —

(a) the capital gain computed with reference to the compensation awarded in the first instance or as the case may be, the consideration determined or approved in the first instance by the Central Government or the Reserve Bank of India shall be chargeable as income under the head ''Capital gains" of the previous year in which the transfer took place; 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.

Explanation.—For the purposes of this sub-section,—

(i) in relation to the amount referred to in clause (b), the cost of acquisition and the cost of improvement shall be taken to be nil;

(ii) the provisions of this sub-section shall apply also in a case where the transfer took place prior to the 1st day of April, 1988;

(iii) where by reason of the death of the person who made the transfer, or for any other reason, the enhanced compensation or consideration is received by any other person, the amount referred to in clause (b) shall be deemed to be the income, chargeable to tax under the head "Capital gains", of such other person.'.

[Finance Act, 1987]

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Section 13, The Finance Act, 1987 (Act 11 of 1987).