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Costing and Taxation · Ch 2 — Income from Capital Gains

Transfer of a Capital Asset

2.3

Transfer of a Capital Asset

'Transfer', in relation to a capital asset, is defined very broadly under Section 2(47) — far more broadly than the everyday word 'sale' — precisely so that Section 45(1)'s charge cannot be avoided merely by structuring a disposal so that it does not look like a conventional sale.

Note

'Transfer' includes — Section 2(47)

  1. Sale, exchange, or relinquishment of the asset.
  2. Extinguishment of any rights in the asset.
  3. Compulsory acquisition of the asset under any law.
  4. Conversion of the asset into stock-in-trade of a business carried on by the assessee.
  5. Maturity or redemption of a zero-coupon bond.
  6. Any transaction allowing possession of an immovable property to be taken or retained in part performance of a contract of the kind referred to in Section 53A of the Transfer of Property Act, 1882 — even where no registered sale deed has yet been executed.
  7. Any transaction that has the effect of transferring, or enabling the enjoyment of, an immovable property, by becoming a member of, or acquiring shares in, a co-operative society, company, or other association of persons. …
Definition 1Transfer [Section 2(47)]

Includes sale, exchange, relinquishment, extinguishment of rights, compulsory acquisition, conversion into stock-in-trade, maturity/redemption of a zero-coupon bond, and certain possession-based immovable-property transactions under Section …