New Rule for computation of short term capital gains and written down value, introduced

On July 07, 2021, the Central Board of Direct Taxes makes the Income tax Amendment (19th Amendment), Rules, 2021 further to amend the Incometax Rules,1962.

 

In the Incometax Rules, 1962, the following rules shall be inserted, namely:

8AC. Computation of short term capital gains and written down value under section 50 where depreciation on goodwill has been obtained.

(1)For the purposes of proviso to section 50, the written down value of the block of the asset and short term capital gains, if any, for the previous year relevant to the assessment year commencing on the 1stday of April, 2021 shall be determined in accordance with this rule.

(2) Where the goodwill of the business or profession was the only asset or one of the assets in the block of asset “intangible” for which depreciation was obtained by the assessee in the assessment year beginning on the 1stday of April, 2020, the written down value of this block of asset for the previous year relevant to the assessment year commencing on the 1stday of April, 2021 shall be determined in accordance with the provisions of item (ii) of subclause (c) of clause (6) of section 43.

(3) Where the reduction under subitem (B) of item (ii) of subclause (c) of clause (6) of section 43, for the previous year relevant to the assessment year commencing on the 1stday of April, 2021, exceeds the aggregate of the following amounts, namely:

(i) the written down value of the block of assets at the beginning of the previous year relevant to the assessment year commencing on the 1stday of April, 2021 without giving effect to reduction under subitem (B) of item (ii) of subclause (c) of clause (6) of section 43; and

(ii) the actual cost of any asset falling within the block of assets “intangible”, other than goodwill, acquired during the previous year relevant to the assessment year commencing on the 1stday of April, 2021, such excess shall be deemed to be the capital gains arising from the transfer of shortterm capital assets.

(4) Without prejudice to the provisions of subrule (3) and section 55, where the goodwill of the business or profession was the only asset in the block of asset “intangible” for which depreciation was obtained by the assessee in the assessment year beginning on the 1stday of April, 2020, and the block of asset ceases to exist on account of there being no further asset acquired during the previous year relevant to the assessment year commencing on the 1stday of April, 2021 in that block, there will not be any capital gains or loss on account of the block of asset having ceased to exist.

(5) The capital gains or loss on transfer of goodwill, during the previous years relevant to the assessment year 202122 or subsequent assessment years, shall be determined in accordance with the provisions of section 48, section 49 and clause (a) of subsection (2) of section 55.

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