Ministry of Finance
Notification No. 42/2020 [F. No.370149/143/2019-TPL] / GSR 423(E) was published on 30 June 2020. Its subject is Ministry of Finance.
This amends the Income-tax Rules. What it changes is the Rules, not the Act — and a rule can never take away what the section gives.
The Income-tax (15th Amendment) Rules, 2020 insert new rule 11UAD in the Income-tax Rules, 1962, after rule 11UAC, prescribing the class of persons for whom section 50CA does not apply. Section 50CA is disapplied to the transfer of unquoted shares of a company, its subsidiary and the subsidiary of that subsidiary where the Tribunal, on an application by the Central Government under section 241 of the Companies Act, 2013, has suspended the Board of Directors and appointed new directors nominated by the Central Government under section 242, and where the shares are transferred pursuant to a resolution plan approved by the Tribunal under section 242 after a reasonable opportunity of being heard has been given to the jurisdictional Principal Commissioner or Commissioner. The Explanation treats a company as a subsidiary where the other company holds more than half in nominal value of its equity share capital, and takes 'Tribunal' from clause (90) of section 2 of the Companies Act, 2013.
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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| Rule of the 1962 Rules | Now, in the 2026 Rules |
|---|---|
| Rule 11UAD | rule 58 |
1 April 2020, applicable for assessment year 2020-21 and subsequent assessment years.
In the capital gains computation on a transfer of unquoted shares under a Tribunal-approved resolution plan, where the assessing officer would otherwise substitute fair market value under section 50CA.
Rules it names. Rule 11UAC of the Income-tax Rules, 1962. The 1962 Rules were replaced by the Income-tax Rules, 2026, which renumbered nearly everything: a rule number quoted here almost never means the same rule today.
← Notification No. 41/2020 [F. No. 142/15/2015-TPL- Part (1)] / SO 2148(E) · Notification No 39 /2020 [F. No. 370142/23/2020-TPL] / SO 2126(E) →
Source: the Income Tax Department’s own published text — its page for this instrument.