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Income-tax Act, 2025 | Section 71

Section 71 - Withdrawal of exemption in certain cases

A tax-neutral transfer can become taxable if post-transfer conditions are breached. The section identifies the person and year in which the deferred gain revives.

Reviewed by CA Nikhil Gupta · Updated 9 October 2026

Section 71: operativeEffective 1 April 2026Tax Year 2026-27 onwardReviewed 8 October 2026
Current-law control

Section 71 is presented using the consolidated Income-tax Act, 2025 as amended by the Finance Act, 2026. The general commencement date is 1 April 2026. Earlier years and saved proceedings may remain governed by the Income-tax Act, 1961 and the repeal/savings framework.

2-minute professional decode

A tax-neutral transfer can become taxable if post-transfer conditions are breached. The section identifies the person and year in which the deferred gain revives.

Professional checkpoint: Apply the provision only after checking the defined person, tax year, evidence, thresholds and any connected Rule or Schedule.

Who should test this section?

Section 71 matters to investors, property owners, promoters, companies, firms and advisers where the transaction involves withdrawal of exemption in certain cases; the charge, computation and relief steps should be separated.

Evidence to retain

The section 71 file should preserve acquisition and transfer instruments, valuation or stamp records, payment evidence, holding-period material and every document that supports the treatment of withdrawal of exemption in certain cases.

1961 Act bridge

Legacy provisionLegacy headingMapping
47AWithdrawal of exemption in certain cases.Renumbered / mapped

The bridge is a research aid. Legacy case law carries over only after the current wording and transition rules are matched.

Rules and forms linked to this section

No provision-specific Rule was independently mapped from the current Rules register for this section. That does not mean the wider Rules are irrelevant.

Worked application

Prepare a hypothetical transaction involving withdrawal of exemption in certain cases. Identify the person, tax year, trigger, evidence and connected provision first; then apply section 71 step-by-step and document why each statutory condition is or is not met.

Common mistake

For section 71, do not jump from sale proceeds to a capital-gain number: first identify the transfer/charging event, then consideration, cost, timing and any exemption or rollover condition relevant to withdrawal of exemption in certain cases.

Compliance approach

Identify the statutory trigger for section 71, lock the relevant tax year, reconcile the facts to the operative sub-section, preserve the evidence trail and separately test every linked Rule, Form, Schedule and exception before finalising the return position.

Numeric / timing checkpoints in the operative text

Related provisions

Current statutory text

71. (1) The profits or gains arising from the transfer of capital asset not charged under section 67 by virtue of section 70(1)(c) and (d) shall, irrespective of any- thing contained in the said clauses, be deemed to be income chargeable under the head “Capital gains” of the tax year in which such transfer took place, if at any time before the expiry of eight years from the date of such transfer,— (a) the transferee company converts the capital asset into, or treats it as, stock-in-trade of its business; or (b) the parent company or its nominees or the holding company, ceases or cease to hold the whole of the share capital of the subsidiary company. (2) If any of the conditions laid down in section 70(zd) or (zf) are not complied with, the profits or gains arising from the transfer of such capital asset or intangible asset not charged under section 67 by virtue of such conditions shall be deemed to be the profits and gains chargeable to tax under the head “Capital gains” of the successor company for the tax year in which such conditions are not complied with. (3) If any of the conditions laid down in section 70(ze) are not complied with, the profits or gains arising from the transfer of such capital asset or intangible assets or share or shares not charged under section 67 by virtue of such conditions shall be deemed to be the profits and gains chargeable to tax under the head “Capital gains” of the successor limited liability partnership or the shareholder of the predecessor company, for the tax year in which such conditions are not complied with.

Primary-source trail

Source status: full Section 71 statutory text in the local source corpus; reconciled to the current consolidated Act control on 8 October 2026.

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