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AMENDED NOTIFICATION OF THE INCOME-TAX (16TH AMENDMENT) RULES, 2021 (NOTIFICATION DATED 24.05.2021) - CBDT

Updated on:24th May, 2021
“11UAE.Computation of Fair Market Value of Capital Assets for the purposes of section 50B of the Income-tax Act. For the purpose of clause (ii) of sub-section (2) of section 50B, the fair market value of the capital assets shall be the FMV1 determined under sub-rule (2) or FMV2 determined under sub-rule (3), whichever is higher. (2) The FMV1 shall be the fair  market value of the capital assets transferred by way of slump sale determined in accordance with the formula – A+B+C+D - L, where, A= book value of all the assets (other than jewellery, artistic work, shares, securities and immovable property) as appearing in the books of accounts of the undertaking or the division transferred by way of slump sale as reduced by the following amount which relate to such undertaking or the division, any amount of income-tax paid, if any, less the amount of income-tax refund claimed, if any; and any amount shown as asset including the unamortised amount of deferred expenditure which does not represent the value of any asset; B = the price which the jewellery and artistic work would fetch if sold in the open market on the basis of the valuation report obtained from a registered valuer; C = fair market value of shares and securities as determined in the manner provided in sub-rule (1) of rule 11UA; D = the value adopted or assessed or assessable by any authority of the Government for the purpose of payment of stamp duty in respect of the immovable property; L= book value of liabilities as appearing in the books of accounts of the undertaking or the division transferred by way of slump sale, but not including the following amounts which relates to such undertaking or division, namely: The paid-up capital in respect of equity shares; the amount set apart for payment of dividends on preference shares and equity shares where such dividends have not been declared before the date of transfer at a general body meeting of the company; reserves and surplus, by whatever name called, even if the resulting figure is negative, other than those set apart towards depreciation;
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