Section 46:
Capital gains on distribution of assets by companies in liquidation.
(1) Notwithstanding
anything contained in section, where the assets of a company are distributed to its shareholders on its
liquidation, such distribution shall not be regarded as a transfer by the company for the purposes
of section 45.
(2) Where a shareholder on the liquidation of a company receives any money or other assets from the
company, he shall be chargeable to income-tax under the head “Capital gains”, in respect of the money so
received or the market value of the other assets on the date of distribution, as reduced by the amount
assessed as dividend within the meaning of sub-clause (c) of clause (22) of section 2 and the sum so
arrived at shall be deemed to be the full value of the consideration for the purposes of section 48.