Charging Section [45(1)] and Meaning of Transfer [2(47)]
# Capital Gains — Charge and Meaning of 'Transfer'
## Charging section — Section 45(1)
Any profits or gains arising from the transfer of a capital asset effected in the previous year are chargeable to tax under the head 'Capital Gains' in the year of transfer.
Three ingredients must all be present:
1. There must be a capital asset;
2. There must be a transfer of that asset;
3. The transfer results in profit or gain.
## Meaning of 'Transfer' — Section 2(47)
'Transfer' is defined inclusively and covers:
1. Sale, exchange or relinquishment of the asset;
2. Extinguishment of any rights in the asset;
3. Compulsory acquisition of the asset under any law;
4. Conversion of a capital asset into stock-in-trade by the owner;
5. Maturity or redemption of a Zero Coupon Bond;
6. Part-performance of a contract — where possession of an immovable property is handed over in part-performance of a contract (Section 53A of the Transfer of Property Act);
7. Any transaction which has the effect of transferring, or enabling the enjoyment of, any immovable property — e.g. becoming a member of a co-operative society/company and obtaining possession of a flat without a registered conveyance.
> Because the definition is inclusive, even arrangements that are not formal 'sales' (such as society-membership flat allotments) are treated as transfers.
Worked example
### Example 1
Conversion into stock-in-trade. A person holding land as a capital asset converts it into stock-in-trade of a real-estate business. This is a 'transfer' u/s 2(47)(iv) even though no sale to an outsider has occurred; capital gains are computed using fair market value on the date of conversion (taxed in the year the stock is eventually sold).
### Example 2
Society flat allotment. A person becomes a member of a co-operative housing society, pays the agreed amount and receives possession of a flat without a registered conveyance. Under 2(47)(vi) this transaction enabling enjoyment of immovable property is treated as a 'transfer'.
⚠️ Common exam mistakes
Thinking only a 'sale' is a transfer — exchange, relinquishment, extinguishment of rights, compulsory acquisition and conversion into stock-in-trade are all transfers.
Missing that ZCB maturity/redemption is itself a transfer giving rise to capital gains.
Overlooking part-performance and society-flat arrangements as transfers because no registered conveyance exists.
Bare-Act text Section 45(1) and Section 2(47) · Income-tax Act, 1961 · click to expand
Section 45(1): Any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54 to 54B etc., be chargeable to income-tax under the head 'Capital gains', and shall be deemed to be the income of the previous year in which the transfer took place. Section 2(47) 'transfer', in relation to a capital asset, includes: (i) the sale, exchange or relinquishment of the asset; (ii) the extinguishment of any rights therein; (iii) the compulsory acquisition thereof under any law; (iv) conversion of the asset into stock-in-trade; (iva) maturity or redemption of a zero coupon bond; (v) any transaction involving possession of immovable property in part performance of a contract referred to in section 53A of the Transfer of Property Act, 1882; (vi) any transaction which has the effect of transferring, or enabling the enjoyment of, any immovable property.