55. Meaning of “adjusted”,
“cost of improvement” and “cost of acquisition”.-
(1) For the purposes of sections 48 and 49,—
(a) Omitted
(b) “cost of any improvement”,—
(1) in relation to a capital asset being goodwill of a business
or a right to manufacture, produce or process any article
or thing or right to carry on any business shall be taken
to be nil ; and
(2) in relation to any other capital asset,—
(i) where the capital asset became the property of the previous
owner or the assessee before the 1st day of April, 1981, means
all expenditure of a capital nature incurred in making any
additions or alterations to the capital asset on or after
the said date by the previous owner or the assessee, and
(ii) in any other case, means all expenditure of a capital
nature incurred in making any additions or alterations to
the capital asset by the assessee after it became his property,
and, where the capital asset became the property of the assessee
by any of the modes specified in sub-section (1) of section
49, by the previous owner,
but does not include any expenditure which is deductible in
computing the income chargeable under the head “Interest
on securities”, “Income from house property”,
“Profits and gains of business or profession”,
or “Income from other sources”, and the expression
“improvement” shall be construed accordingly.
(2) For the purposes of sections 48 and 49, “cost
of acquisition” ,—
(a) in relation to a capital asset, being goodwill of a
business or a trade mark or brand name associated with a business
or a right to manufacture, produce or process any article
or thing or right to carry on any business, tenancy rights,
stage carriage permits or loom hours,—
(i) in the case of acquisition of such asset by the assessee
by purchase from a previous owner, means the amount of the
purchase price ; and
(ii) in any other case not being a case falling under sub-clauses
(i) to (iv) of sub-section (1) of section 49, shall be taken
to be nil ;
(aa) in a case where, by virtue of holding a capital asset,
being a share or any other security , within the meaning of
clause (h) of section 2 of the Securities Contracts (Regulation)
Act, 1956 (42 of 1956) (hereafter in this clause referred
to as the financial asset), the assessee—
(A) becomes entitled to subscribe to any additional financial
asset ; or
(B) is allotted any additional financial asset without any
payment,
then, subject to the provisions of sub-clauses (i) and (ii)
of clause (b),—
(i) in relation to the original financial asset, on the basis
of which the assessee becomes entitled to any additional financial
asset, means the amount actually paid for acquiring the original
financial asset ;
(ii) in relation to any right to renounce the said entitlement
to subscribe to the financial asset, when such right is renounced
by the assessee in favour of any person, shall be taken to
be nil in the case of such assessee ;
(iii) in relation to the financial asset, to which the assessee
has subscribed on the basis of the said entitlement, means
the amount actually paid by him for acquiring such asset ;
(iiia) in relation to the financial asset allotted to the
assessee without any payment and on the basis of holding of
any other financial asset, shall be taken to be nil in the
case of such assessee ; and
(iv) in relation to any financial asset purchased by any person
in whose favour the right to subscribe to such asset has been
renounced, means the aggregate of the amount of the purchase
price paid by him to the person renouncing such right and
the amount paid by him to the company or institution, as the
case may be, for acquiring such financial asset ;
(ab) in relation to a capital asset, being equity share or
shares allotted to a shareholder of a recognised stock exchange
in India under a scheme for demutualisation or corporatisation
approved by the Securities and Exchange Board of India established
under section 3 of the Securities and Exchange Board of India
Act, 1992 (15 of 1992), shall be the cost of acquisition of
his original membership of the exchange:
Provided that the cost of a capital asset, being trading
or clearing rights of the recognised stock exchange acquired
by a shareholder who has been allotted equity share or shares
under such scheme of demutualisation or corporatisation, shall
be deemed to be nil;
(b) in relation to any other capital asset,—
(i) where the capital asset became the property of the assessee
before the 1st day of April, 1981, means the cost of acquisition
of the asset to the assessee or the fair market value of the
asset on the 1st day of April, 1981, at the option of the
assessee ;
(ii) where the capital asset became the property of the
assessee by any of the modes specified in sub-section (1)
of section 49, and the capital asset became the property of
the previous owner before the 1st day of April, 1981, means
the cost of the capital asset to the previous owner or the
fair market value of the asset on the 1st day of April, 1981,
at the option of the assessee ;
(iii) where the capital asset became the property of the
assessee on the distribution of the capital assets of a company
on its liquidation and the assessee has been assessed to income-tax
under the head “Capital gains” in respect of that
asset under section 46, means the fair market value of the
asset on the date of distribution ;
(iv) Omitted
(v) where the capital asset, being a share or a stock of a
company, became the property of the assessee on—
(a) the consolidation and division of all or any of the
share capital of the company into shares of larger amount
than its existing shares,
(b) the conversion of any shares of the company into stock,
(c) the re-conversion of any stock of the company into shares,
(d) the sub-division of any of the shares of the company
into shares of smaller amount, or
(e) the conversion of one kind of shares of the company
into another kind,
means the cost of acquisition of the asset calculated with
reference to the cost of acquisition of the shares or stock
from which such asset is derived.
(3) Where the cost for which the previous owner acquired
the property cannot be ascertained, the cost of acquisition
to the previous owner means the fair market value on the date
on which the capital asset became the property of the previous
owner.
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