Sec 2(47): Meaning of Transfer

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Questions and Answers

What does 'COA' stand for in the context of capital gains?

  • Cost of Acquisition (correct)
  • Capital Output Amount
  • Combined Operational Asset
  • Cost of Allocation

What is the purpose of the Cost Inflation Index (CII) in calculating capital gains?

  • To account for currency exchange rates
  • To calculate depreciation
  • To adjust for inflation over time (correct)
  • To adjust for market fluctuations

If advance money forfeited before 01/04/2014, what happens to it?

  • Reduced from the cost of the asset (correct)
  • Taxable under IFOS
  • Added to the cost of acquisition.
  • No effect in capital gains.

What happens to advance money forfeited after 01/04/2014?

<p>It is taxed under the head 'Income from Other Sources' (IFOS). (D)</p>
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What does FVSC stand for?

<p>Fair Value of Sale Consideration (B)</p>
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Under Section 47, which transaction is NOT regarded as a transfer for capital gains?

<p>Distribution of assets in total or partial partition of HUF (B)</p>
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For determining the nature of capital gains, what is the Period of Holding (POH) considered to be?

<p>Both by previous owner and assessee (A)</p>
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When calculating indexed cost of acquisition, which formula is applied?

<p>COA * (CII of year of transfer / CII of PY when COI was incurred) (B)</p>
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What is considered a 'transfer' under Section 2(47)?

<p>Exchange (C)</p>
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Which of the following is generally included in the meaning of 'transfer' under Section 2(47)?

<p>Exchange (A)</p>
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If an asset was acquired by a previous owner, how is the Cost of Acquisition (COA) treated for indexation?

<p>COA will be indexed from the year the previous owner acquired it. (A)</p>
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What represents consideration received or accruing as a result of the transfer of a capital asset?

<p>full value of consideration (D)</p>
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According to Section 47, which of the following is NOT considered a 'transfer'?

<p>Distribution of assets upon partition of a Hindu Undivided Family (HUF) (A)</p>
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What is the effect on cost when raw money forfeited for a disease before 01.04.2014?

<p>Will be reduced from Cost (D)</p>
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Which of the following is an example of 'transfer'?

<p>Extinguishment of rights (B)</p>
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In calculating long-term capital gains, what is deducted from the full value of the consideration?

<p>Indexed cost of acquisition and cost of improvement (C)</p>
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What is the treatment of brokerage costs when calculating capital gains?

<p>Deducted from the sale price (A)</p>
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Which of the following is NOT a 'transfer'?

<p>Gift under a will (C)</p>
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In which year is tax treatment done for advanced forfeited money?

<p>Year of forfeiture (B)</p>
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For assets acquired before April 1, 2001, what cost can be considered?

<p>The higher of actual cost or fair market value as on April 1, 2001 (C)</p>
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Flashcards

Meaning of Transfer

Includes exchange of assets and extinguishment of rights Ex: Destruction of shared assets, Insurance claim is not transfer

Not considered as Transfer

Gift, will or inheritance are not considered transfers under section 47

Section 47: Transactions

Transactions not regarded as transfer Ex: Distribution of assets in total or partial partition of HUF

Extinguishment of any right

Extinguishment (cancel) of any right Ex: Way of PBM into STCL

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As per Manjula J. Shah case law

Full value consideration can be indexed from P.Y in which asset was held by previous owner

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Period of Holding

Period of holding by previous owner

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Indexation of Cost of Acquisition

Formula of Indexation COA = Cost of Acquisition * CII of P.Y. when COI was incurred / CII of P.Y. when asset was first held by the Assessee

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Advance money forfeited

Any raw money forfeited before 01.04.2024 if before 01.04.2024 shall be reduced from cost and cost shall be indexed, No tax treatment in the year of forfeiture

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Advance money forfeited after 01.04.2024

Advance money forfeited after 01.04.2024 is no effect in Cost of Capital Gains. taxable with IFOS use 56(2)clx in the year of forfeiture

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Study Notes

  • Sec 2(47): Meaning of Transfer
  • Transfer includes sale, exchange of assets, extinguishment of asset, and relinquishment of asset.
  • Destruction of Shared Firm Assets where insurance claim is received is not a transfer.
  • Insurance claim is received of ₹5 Lakh.
  • Way of P&L is STCL = ₹5 Lakh.
  • Way of P&N is STCL = 2/3.
  • Transactions not regarded as transfer:
  • Distribution of assets in total or partial partition of HUF.
  • Distribution of Assets: Client, House, and Jewellery of a Member.
  • Gift, will, or inheritance are not transfers
  • Conversion of debentures of prof. sh. of a company into shared prof. sh. of the same company
  • Distribution of assets in the "Reverse Mortgage Scheme"
  • Transfer of assets are an example.
  • Example:
    • Acquisition: 06-06
    • COA: ₹10 Lakh
    • CIIFA: 43-43
    • PNV (Current): ₹20 Lakh
    • Sale: 22-09 or 24-25
    • LB: ₹60 Lakh
    • ASC: ₹60 Lakh
    • SDV: ₹65 Lakh
    • Brokerage is @₹21 Lakh.
  • Computation of Cost (CII for TIF and in Transactions):
  • C is Cost of Acquisition (COA) : COA shall be indexed from P.Y. in which the asset was first held by the Assessee.
  • Cost of Improvement (COI) is the COI incurred by previous owner
  • COI is taxed unless proven
  • Indexation of cost of acquisition = COA × CII for PY when COI was incurred or CII of PY of TIF
  • As per Formula of Indexation: COA shall be indexed from P.Y. when asset was first held by assessee i.e. the year of CII asset will.
  • Inductation of COI: COI × CII of PY when COI was incurred.
  • Period of Holding (POH): Previous owner.
  • As per Formula of Indication of COA shall be indexed from PV which asset was held by Assessee Bombay High Court
  • COA would be indexed from PV in which asset was acquired by previous owner
  • Solve ques as per formula; give a note as Manjula J Shah
  • Calculate LTCG as per Manjula J Shah.
  • LTCG is calculated as per Formula U/S 48.
  • Sec 51 Advance Money forfeited by Assessee

When Advanced Forfeited before 01-04-2014

  • Any Raw Money Forfeited for disallow
  • Shall be reduced from Cost and Cost Shall be induced.
  • No tax Treatment in the year of expenditure.

Advance Money Forfeited by Previous Owner

When Advances Forfeited after 01-04-2014

  • No effect in cost of Capital gain.
  • It will be Taxable with IFOS UIS 56(2) CISS in the year of forfeiture
  • Adv. forfeited by previous owner before 01.04.24
  • Taxable in hands of Previous owner.
  • No Tax.

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