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Illustrations · Q4

Q.State, with reference to Section 2(47), whether each of the following amounts to a 'Transfer' of a capital asset:

(a) Mrs. Roy sells her flat to a buyer through a registered sale deed.
(b) The State Government compulsorily acquires Mr. Sen's agricultural land situated within a notified municipal area for a road-widening project.
(c) A partnership firm converts a plot of land, held for several years as a fixed asset, into stock-in-trade for its newly started real-estate business.
West Bengal WbchseTextbookSubjectiveImportance★★★★★est
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Section 2(47) defines 'Transfer' to expressly include sale, exchange, and relinquishment of the asset; extinguishment of rights in the asset; compulsory acquisition under any law; conversion of the asset into stock-in-trade of a business carried on by the assessee; maturity or redemption of a zero-coupon bond; and certain possession-based immovable-property transactions.

  1. Sale through a registered sale deed: this is the most direct mode listed — a sale — and is unambiguously a Transfer.
  2. Compulsory acquisition by the State Government: even though Mr. Sen did not choose to dispose of the land, Section 2(47) expressly includes compulsory acquisition of the asset under any law as a Transfer — the resulting compensation received is treated exactly like sale consideration for computing Capital Gains. …

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