deepak kumar srivastava (na) (281 Points)
19 January 2019
my question is what is the meaning of moneys payable for subsection (2) of sec 41
because explanation below sec-41(4) explained the meaning of moneys payable specifically for sec-41(3)
Nitesh bind
(Student CA Final )
(12692 Points)
Replied 19 January 2019
deepak kumar srivastava
(na)
(281 Points)
Replied 21 January 2019
Explanation below section 41(4)
Explanation.—For the purposes of sub-section (3),—
(1) "moneys payable" in respect of any building, machinery, plant or furniture includes—
(a) any insurance, salvage or compensation moneys payable in respect thereof;
(b) where the building, machinery, plant or furniture is sold, the price for which it is sold,
so, however, that where the actual cost of a motor car is, in accordance with the proviso to clause (1) of section 43, taken to be twenty-five thousand rupees, the moneys payable in respect of such motor car shall be taken to be a sum which bears to the amount for which the motor car is sold or, as the case may be, the amount of any insurance, salvage or compensation moneys payable in respect thereof (including the amount of scrap value, if any) the same proportion as the amount of twenty-five thousand rupees bears to the actual cost of the motor car to the assessee as it would have been computed before applying the said proviso;
(2) "sold" includes a transfer by way of exchange or a compulsory acquisition under any law for the time being in force but does not include a transfer, in a scheme of amalgamation, of any asset by the amalgamating company to the amalgamated company where the amalgamated company is an Indian company.
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