In terms of
Section 45 of the Income Tax Act, 1961 (“Act”), tax under the head capital gain
arises only upon transfer of capital asset.
Section 2
of the act puts light on the term “transfer” in relation to capital assets and
tries to cover all transactions that would be considered as transfer for the
purpose of computing capital gain tax. Further, Section 47 of the act talks
about certain transactions which are not regarded as transfers in the eyes of
the law and hence not liable to tax under the head capital gain.
Transfer
Transactions not regarded as transfer
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