Computation of STCGs & WDV u/s 50 where depreciation on goodwill has been obtained

Computation of STCGs & WDV u/s 50 where depreciation on goodwill has been obtained

CBDT has introduced new Rule for Computation of short term capital gains and written down value under section 50 where depreciation on goodwill has been obtained. The Income tax Amendment (19th Amendment) Rules 2021 has been notified by CBDT vide Notification No. 77/2021 dated 7th July 2021.

The newly notified Rule 8AC is as under:

Rule 8AC : Computation of short term capital gains and written down value under section 50 where depreciation on goodwill has been obtained

(1) For the purposes of proviso to section 50, the written down value of the block of the asset and short term capital gains, if any, for the previous year relevant to the assessment year commencing on the 1stday of April, 2021 shall be determined in accordance with this rule.

(2) Where the goodwill of the business or profession was the only asset or one of the assets in the block of asset “intangible” for which depreciation was obtained by the assessee in the assessment year beginning on the 1st day of April, 2020, the written down value of this block of asset for the previous year relevant to the assessment year commencing on the 1st day of April, 2021 shall be determined in accordance with the provisions of item (ii) of sub-clause (c) of clause (6) of section 43.

(3) Where the reduction under sub-item (B) of item (ii) of sub-clause (c) of clause (6) of section 43, for the previous year relevant to the assessment year commencing on the 1stday of April, 2021, exceeds the aggregate of the following amounts, namely:-

(i) the written down value of the block of assets at the beginning of the previous year relevant to the assessment year commencing on the 1stday of April, 2021 without giving effect to reduction under sub-item (B) of item (ii) of sub-clause (c) of clause (6) of section 43; and

(ii) the actual cost of any asset falling within the block of assets “intangible”, other than goodwill, acquired during the previous year relevant to the assessment year commencing on the 1stday of April, 2021, such excess shall be deemed to be the capital gains arising from the transfer of short-term capital assets.

(4) Without prejudice to the provisions of sub-rule (3) and section 55, where the goodwill of the business or profession was the only asset in the block of asset “intangible” for which depreciation was obtained by the assessee in the assessment year beginning on the 1stday of April, 2020, and the block of asset ceases to exist on account of there being no further asset acquired during the previous year relevant to the assessment year commencing on the 1stday of April, 2021 in that block, there will not be any capital gains or loss on account of the block of asset having ceased to exist.

(5) The capital gains or loss on transfer of goodwill, during the previous years relevant to the assessment year 2021-22 or subsequent assessment years, shall be determined in accordance with the provisions of section 48, section 49 and clause (a) of sub-section (2) of section 55.

• Order passed u/s 74 of UPGST Act quashed as opportunity of hearing not granted
• Penalty set aside as Tax Audit Report not filed due to strained relationship with CA
• Unless request made, personal hearing not mandatory in faceless assessment – Patna HC
• Mere technical mistake in return cannot be a ground of disallowing a claim
• Capital gain deduction u/s 54B for land purchased in wife’s name SC stays HC Order