Skip to main content
Income-tax Act, 2025 | Section 79

Section 79 - Special provision for full value of consideration for transfer of share other than quoted share

Unquoted shares transferred below prescribed fair market value can be taxed using the Rule 57 valuation instead of the stated consideration.

Reviewed by CA Nikhil Gupta · Updated 9 October 2026

Section 79: operativeEffective 1 April 2026Tax Year 2026-27 onwardReviewed 8 October 2026
Current-law control

Section 79 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

Unquoted shares transferred below prescribed fair market value can be taxed using the Rule 57 valuation instead of the stated consideration.

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 79 matters to investors, property owners, promoters, companies, firms and advisers where the transaction involves special provision for full value of consideration for transfer of share other than quoted share; the charge, computation and relief steps should be separated.

Evidence to retain

The section 79 file should preserve acquisition and transfer instruments, valuation or stamp records, payment evidence, holding-period material and every document that supports the treatment of special provision for full value of consideration for transfer of share other than quoted share.

1961 Act bridge

Legacy provisionLegacy headingMapping
50CASpecial provision for full value of consideration for transfer of share other than quoted share.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

RuleOperational roleMapped form(s)
Rule 56Meaning of expressions used in determination of fair market valueNo standalone form mapped
Rule 58Prescribed class of persons for the purpose of section 92(3)(i) and section 79No standalone form mapped

Worked application

Unquoted shares are sold to a related party below Rule 57 fair market value. The statutory fair value may become the seller’s deemed consideration.

Common mistake

For section 79, 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 special provision for full value of consideration for transfer of share other than quoted share.

Compliance approach

Identify the statutory trigger for section 79, 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

79. (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 may be prescribed, the value so determined shall be deemed to be the full value of consideration received or accruing as a result of such transfer for the purposes of section 72. (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 con- ditions, as may be prescribed. (3) For the purposes of this section, the expression “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.

Primary-source trail

Source status: full Section 79 statutory text in the local source corpus; reconciled to the current consolidated Act control on 8 October 2026.

Related Finin2min guides