(6)For the purposes of this section,—(a)"eligible assessee" means an individual or a Hindu undivided family;(b)"eligible company" means a company which fulfils the following conditions, namely:—(i)it is a company incorporated in India during the period from the 1st day of April of the previous year relevant to the assessment year in which the capital gain arises to the due date of furnishing of return of income under sub-section (1) of section 139 by the assessee;(ii)it is engaged in the business of manufacture of an article or a thing or in an eligible business;(iii)it is a company in which the assessee has more than twenty-five per cent share capital or more than twenty-five per cent voting rights after the subscription in shares by the assessee; and(iv)it is a company which qualifies to be a small or medium enterprise under the Micro, Small and Medium Enterprises Act, 2006 (27 of 2006) or is an eligible start-up;(ba)"eligible start-up" and "eligible business" shall have the meanings respectively assigned to them in Explanation below sub-section (4) of section 80-IAC;(c)"net consideration" shall have the meaning assigned to it in the Explanation to section 54F;(d)"new asset" means new plant and machinery but does not include—(i)any machinery or plant which, before its installation by the assessee, was used either within or outside India by any other person;(ii)any machinery or plant installed in any office premises or any residential accommodation, including accommodation in the nature of a guest-house;(iii)any office appliances including computers or computer software;(iv)any vehicle; or(v)any machinery or plant, the whole of the actual cost of which is allowed as a deduction (whether by way of depreciation or otherwise) in computing the income chargeable under the head "Profits and gains of business or profession" of any previous year:Provided that in the case of an eligible start-up, being a technology driven start-up so certified by the Inter-Ministerial Board of Certification notified by the Central Government in the Official Gazette, the new asset shall include computers or computer software.
