Section 43C:
Special provision for computation of cost of acquisition of certain assets.
1(1) Where an
asset not being an asset referred to in sub-section (2) of section 45 which becomes the property of an
amalgamated company under a scheme of amalgamation, is sold after the 29th day of February, 1988, by
the amalgamated company as stock-in-trade of the business carried on by it, the cost of acquisition of the
said asset to the amalgamated company in computing the profits and gains from the sale of such asset
shall be the cost of acquisition of the said asset to the amalgamating company, as increased by the cost, if
any, of any improvement made thereto, and the expenditure, if any, incurred, wholly and exclusively in
connection with such transfer by the amalgamating company.
(2) Where an asset not being an asset referred to in sub-section (2) of section 45 which becomes the
property of the assessee on the total or partial partition of a Hindu undivided family or under a gift or will
or an irrevocable trust, is sold after the 29th day of February, 1988, by the assessee as stock-in-trade of
the business carried on by him, the cost of acquisition of the said asset to the assessee in computing the
profits and gains from the sale of such asset shall be the cost of acquisition of the said asset to the
transferor or the donor, as the case may be, as increased by the cost, if any, of any improvement made
thereto, and the expenditure, if any, incurred, wholly and exclusively in connection with such transfer (by
way of effecting the partition, acceptance of the gift, obtaining probate in respect of the will or the
creation of the trust), including the payment of gift-tax, if any, incurred by the transferor or the donor, as
the case may be.
Notes:
1. Ins. by Act 26 of 1988, s. 13 (w.e.f. 1-4-1988).