Income Tax Act 2025: Section 79 for Tax Year 2025-26

Unquoted shares transferred below fair market value are taxed on deemed value. Exceptions apply per prescribed conditions. Quoted shares are exempt.

Share:

Special provision for full value of consideration for transfer of share other than quoted share

Section 79(1) of Income Tax Act 2025

(1) If the consideration received or accruing from the transfer of a capital asset, being share of a company other than a quoted share, is less than the fair market value of such share determined in the manner as prescribed, the value so determined shall be deemed as the full value of consideration received or accruing as a result of the transfer for the purposes of computing income under the head “Capital gains”.

Section 79(2) of Income Tax Act 2025

(2) The provisions of sub-section (1) shall not apply to any consideration received or accruing as a result of transfer by such class of persons and subject to such conditions, as prescribed.

Section 79(3) of Income Tax Act 2025

(3) In this section, “quoted share” means the share quoted on any recognised stock exchange with regularity from time to time, where the quotation of such share is based on current transaction made in the ordinary course of business.


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