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INCOME TAX NOTIFICATION NO-42

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 30th June, 2020

G.S.R. 423(E).—In exercise of the powers conferred by section 50CA read with section 295 of the
Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules
further to amend the Income-tax Rules,1962, namely:─

  1. Short title and commencement.‒ (1) These rules may be called the Income-tax (15th Amendment)
    Rules, 2020.
    (2) They shall come into force from the 1st day of April, 2020 and shall be applicable for assessment
    year 2020-21and subsequent assessment years.
  2. In the Income-tax Rules, 1962, after the rule 11UAC, the following rule shall be inserted, namely:—
    Prescribed class of persons for the purpose of section 50CA.
    11UAD. The provisions of section 50CA of the Act shall not apply to transfer of any movable property,
    being unquoted shares, of a company and its subsidiary and the subsidiary of such subsidiary by an
    assessee, where,—
    (i) the Tribunal, on an application moved by the Central Government under section 241 of the Companies
    Act, 2013, has suspended the Board of Directors of such company and has appointed new directors
    nominated by the Central Government under section 242 of the said Act; and
    (ii) share of such company and its subsidiary and the subsidiary of such subsidiary has been transferred
    pursuant to a resolution plan approved by the Tribunal under section 242 of the Companies Act, 2013 after
    affording a reasonable opportunity of being heard to the jurisdictional Principal Commissioner or
    Commissioner.
    Explanation.-For the purposes of this sub-rule,-
    (a) a company shall be a subsidiary of another company, if such other company holds more than half in
    nominal value of the equity share capital of the company;

(b) “Tribunal” shall have the same meaning assigned to it in clause (90) of section 2 of the Companies Act,
2013.

[Notification No.42 /2020/F. No.370149/143/2019-TPL]
ANKUR GOYAL, Under Secy. (Tax Policy and Legislation)

Explanatory Memorandum : It is hereby certified that no person is being adversely affected by giving
retrospective effect to these rules.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Subsection
(ii) vide number S.O. 969(E), dated the 26th March, 1962 and last amended vide
notification number G.S.R 421(E) dated 29th June, 2020.



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