section 54ED of Income Tax act 1961

section 54ED of Income Tax act 1961

Capital gain on transfer of certain listed securities or unit not to be charged in certain cases

(1) Where the capital gain arises from the transfer before the 1st day of April, 2006, of a long-term capital asset, being listed securities or unit (the capital asset so transferred being hereafter in this section referred to as the original asset), and the assessee has, within a period of six months after the date of such transfer, invested the whole or any part of the capital gain in acquiring equity shares forming part of an eligible issue of capital (such equity shares being hereafter in this section referred to as the specified equity shares), the said capital gain shall be dealt with in accordance with the following provisions of this section, that is to say,—

 (a) if the cost of the specified equity shares is not less than the capital gain arising from the transfer of the original asset, the whole of such capital gain shall not be charged under section 45;

 (b) if the cost of the specified equity shares is less than the capital gain arising from the transfer of the original asset, so much of the capital gain as bears to the whole of the capital gain the same proportion as the cost of the specified equity shares acquired bears to the whole of the capital gain shall not be charged under section 45.

Explanation.—For the purposes of this sub-section,—

  (i) “eligible issue of capital” means an issue of equity shares which satisfies the following conditions, namely:—

  (a) the issue is made by a public company formed and registered in India;

  (b) the shares forming part of the issue are offered for subscription to the public;

 (ii) “listed securities” shall have the same meaning as in clause (a) of the Explanation to sub-section (1) of section 112;

(iii) “unit” shall have the meaning assigned to it in clause (b) of the Explanation to section 115AB.

(2) Where the specified equity shares are sold or otherwise transferred within a period of one year from the date of their acquisition, the amount of capital gain arising from the transfer of the original asset not charged under section 45 on the basis of the cost of such specified equity shares as provided in clause (a) or, as the case may be, clause (b), of sub-section (1) shall be deemed to be the income chargeable under the head “Capital gains” relating to long-term capital assets of the previous year in which such equity shares are sold or otherwise transferred.

(3) Where the cost of the specified equity shares has been taken into account for the purposes of clause (a) or clause (b) of sub-section (1),—

 (a16[***]

 (b) a deduction from the income with reference to such cost shall not be allowed under section 80C for any assessment year beginning on or after the 1st day of April, 2006.

Understanding Section 54ED of the Income Tax Act 1961: A Guide to Capital Gains Exemption on Investment in Eligible Equity Shares

Key Takeaways:

  • Potential Exemption from Capital Gains Tax: Section 54ED offers a potential exemption from capital gains tax on the transfer of certain long-term capital assets, provided the gains are reinvested in eligible equity shares.
  • Applicability: Applicable to transfers of listed securities or units occurring before April 1, 2006.
  • Eligible Investments: The reinvested amount must be used to acquire equity shares in an “eligible issue of capital,” defined as a public issue of equity shares by a company registered in India and offered for subscription to the public.
  • Conditions for Exemption:
    • Investment within six months of transfer
    • Holding period of at least one year for specified equity shares
  • No Double Deduction: No deduction under section 80C is allowed for the cost of specified equity shares.

Illustrative Example in Indian Context:

Scenario: Mr. Gupta sold listed securities in March 2005, generating a long-term capital gain of ₹5 lakhs. Within six months, he invested ₹4 lakhs in an eligible issue of equity shares.

Outcome:

  • ₹4 lakhs of capital gain is exempt from tax under section 54ED.
  • The remaining ₹1 lakh is taxable as capital gains.

Disclaimer:

To learn more one can refer the following resources:
1) Income tax efiling website
2) Income tax departement website

This information is intended for general knowledge purposes only and does not constitute professional tax advice. Consult a qualified tax advisor for accurate guidance tailored to your specific circumstances.

 

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