Insertion of new section 50B

Section 36 of the Finance Act, 1999 deals with insertion of new section 50B. Insertion of new section 50B. 36. After section 50A of the Income-tax Act, the following sec­tion shall be inserted with effect from the 1st day of April, 2000, namely :— ‘50B Special provision for computation of capital gains in case of slump sale.—(1) Any profits or gains arising from the slump sa

Insertion of new section 50B.

36. After section 50A of the Income-tax Act, the following sec­tion shall be inserted with effect from the 1st day of April, 2000, namely :—

‘50B Special provision for computation of capital gains in case of slump sale.—(1) Any profits or gains arising from the slump sale effected in the previous year shall be chargeable to income-tax as capital gains arising from the transfer of long-term capital assets and shall be deemed to be the income of the previ­ous year in which the transfer took place :

Provided that any profits or gains arising from the transfer under the slump sale of any capital asset being one or more undertakings owned and held by an assessee for not more than thirty-six months immediately preceding the date of its transfer shall be deemed to be the capital gains arising from the transfer of short-term capital assets.

(2) In relation to capital assets being an undertaking or divi­sion transferred by way of such sale, the "net worth" of the undertaking or the division, as the case may be, shall be deemed to be the cost of acquisition and the cost of improvement for the purposes of sections 48 and 49 and no regard shall be given to the provisions contained in the second proviso to section 48.

(3) Every assessee, in the case of slump sale, shall furnish in the prescribed form along with the return of income, a report of an accountant as defined in the Explanation below sub-section (2) of section 288 indicating the computation of the net worth of the undertaking or division, as the case may be, and certifying that the net worth of the undertaking or division, as the case may be, has been correctly arrived at in accordance with the provisions of this section.

Explanation.—For the purposes of this section, "net worth" means the net worth as defined in clause (ga) of sub-section (1) of section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).’.

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Section 36, The Finance Act, 1999.