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Microlesson · 5-min read

Determination of Period of Holding in special situations [Explanation 1(i) to Section 2(42A)]

# Determining the Period of Holding in Special Situations

Explanation 1(i) to Section 2(42A) lays down how to compute the period of holding in specific circumstances. The common theme: where an asset is acquired through a 'previous owner' situation or a conversion/reorganisation, the earlier holding period is generally included.

#CircumstancePeriod of Holding rule
1Shares held in a company under liquidationExclude the period after the date of liquidation
2Asset acquired by the assessee under Section 49(1) (gift, will, inheritance, etc.)Include the previous owner's holding period
3Conversion of inventory into capital assetCount from the date of conversion into capital asset
4Right shares & bonus sharesCount from the date of allotment
5Specified security or sweat equity shares allotted/transferredCount from the date of allotment or transfer
6Rights renouncement (by original shareholder)Count from the date of offer by the company
7Shares in Indian amalgamated company acquired under amalgamation [47(vii)]Include the period the shares in the amalgamating company were held
8Shares in Indian resulting company acquired under demergerInclude the period the shares in the demerged company were held
9Conversion of bonds/debentures/debenture-stock/deposit certificates into shares or debenturesInclude the period such assets were held prior to conversion
10Conversion of preference shares into equity shares [47(xb)]Include the holding period of the preference shares
11Electronic Gold Receipt (EGR) [47(viid)] — gold converted into EGRInclude the period the gold was held prior to conversion
11Gold released against an EGRInclude the period the EGR was held prior to conversion into gold

## Memory aids

  • Bonus/right shares and sweat equity start from allotment — NO benefit of any earlier period.
  • Rights renouncement (where the original shareholder sells the right entitlement) starts from the date of the company's offer.
  • In succession/reorganisation cases (gift, inheritance, amalgamation, demerger, conversions), you add back the earlier holding period.

Worked example

### Example 1

Gifted asset (Section 49(1)). A father bought a house on 1.4.2010 and gifted it to his son on 1.4.2024; the son sells it on 1.1.2025. The previous owner's period is included, so the POH runs from 1.4.2010 ⇒ Long-Term Capital Asset.

### Example 2

Bonus shares. Bonus shares allotted on 1.8.2024 and sold on 1.11.2024 are held only ~3 months from the date of allotment (no benefit of the original shares' holding) ⇒ Short-Term Capital Asset.

### Example 3

Amalgamation. A shareholder held shares in the amalgamating company since 1.6.2019 and received shares in the Indian amalgamated company on 1.6.2024, sold on 1.9.2024. The holding period of the original (amalgamating company) shares is included, so the asset is long-term.

⚠️ Common exam mistakes

  • Giving bonus/right/sweat-equity shares the benefit of the original shares' holding period — they always run from the date of allotment.
  • Confusing 'rights renouncement' (date of offer by company) with bought rights/right shares (date of allotment).
  • Excluding the previous owner's holding period in Section 49(1) cases (gift/will/inheritance) — it must be INCLUDED.
  • Including the post-liquidation period for shares in a company under liquidation — that period is EXCLUDED.
Bare-Act text Explanation 1(i) to Section 2(42A) · Income-tax Act, 1961 · click to expand
Explanation 1(i) to Section 2(42A): In determining the period for which any capital asset is held by the assessee — (b) in the case of an asset that becomes the property of the assessee in the circumstances mentioned in section 49(1), there shall be included the period for which the asset was held by the previous owner; (c)/(d) in the case of shares in an Indian company received under amalgamation/demerger, the period of holding of shares in the amalgamating/demerged company shall be included; bonus shares, right shares and sweat equity shares shall be reckoned from the date of allotment; and in the case of shares in a company in liquidation, the period subsequent to the date of liquidation shall be excluded.
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