Income Tax Department

Ministry of Finance, Government of India

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Section 115

Tax on capital gains in case of companies

Section

Section Number

115

Chapter

CHAPTER XII - DETERMINATION OF TAX IN CERTAIN SPECIAL CASES

Act

Income-tax Act, 1961

Year

1973

Tax on capital gains in case of companies

Tax on capital gains in case of companies

1[Tax on capital gains in case of companies.

115. Where the total income of a company includes any income chargeable under the head "Capital gains" relating to capital assets other than short-term capital assets (such income being hereinefter referred to as long-term capital gains), the income-tax payable shall be the aggregate of

(i) the amount of income-tax calculated on the amount of long-term capital gains included in the total income

(a) at the rate of forty-five per cent, on so much of the amount of such long-term capital gains as relate to buildings or lands or any rights in buildings or lands ; and

(b) at the rate of thirty-five per cent, on the balance of such long-term capital gains, if any ; and

(ii) the amount of income-tax with which it would have been chargeable had its total income been reduced by the amount of long-term capital gains referred to clause (i).]

 

1. Substituted by Finance (No. 2) Act, 1971, w.e.f. 1-4-1972.

 

 

[As amended by the Finance Act, 1973]

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