CBDT Notifies Rules for computing Short Term Capital Gains on Goodwill

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

Finance Act 2021 has brought in major changes in treatment of goodwill under Income Tax Act 1961. As per the Finance Act, goodwill will not be treated as intangible asset which means depreciation is no longer available. The Income Tax 19th Amendment Rules announced on 7th July 2021 provides mechanism for removal of Goodwill and process of computation of short term capital gains if any.

This will have an impact on the valuations as well as all the eligible taxpayers have to compute the same and pay taxes for the financial year 2020-21 before filing of the Income Tax Returns.

The extract of the Notification is provided here

(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 1st day 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 1st day 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 1st day 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 1st day 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 1st day 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 1st day 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.

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