Professional Documents
Culture Documents
Introduction:
Any profit or gains arising on sale or transfer of a capital asset effected during the previous
year is treated as capital gain and is assessed to income tax whether the consideration is actually
received during the year or not. Thus the date of receipts and the method of accounting are
irrelevant for transfer purpose. Profit arising from the conversion of a capital asset into stock-
in-trade of a business carried on by an assessee will be chargeable to tax in the year in which
such stock is sold by him. Profit arising on sale of assets including goodwill by an individual
to a firm or by a firm to an individual is also made taxable.
1. Property of any kind held by an assessee, whether or not connected with his business or
profession.
2. Any securities held by a foreign institutional investor as per SEBI Act, 1992. The definition
shows that the term Capital Asset includes all kinds of property, movable or immovable,
tangible or intangible, fixed or circulating.
A. Any stock-in-trade consumable stores or raw materials held for the purpose of his business
or profession.
B. Personal effects that is to say, movable property, including wearing apparel, all types of
vehicles and furniture held for personal use by the assessee or any member of his family
dependent on him
For the purpose of income-tax assessment, capital assets are divided into two categories,
Short-term capital asset means a capital asset which is held by an assessee for not more than
36 months on the date of transfer
In the following cases an asset held for not more than 12 months (instead of 36 months) is
treated as short-term capital asset.
C. Units of UTI
Held for not more than 24 months ( instead of 36 months ) shall be treated as short term capital
Asset.
Held for not more than 24 months ( Instead of 36 months) are treated as Short- term Capital
Assets.
Long –term capital asset means an asset which is held by an assessee for more than 36 months
( for equity shares, preference shares, Zero coupon Bonds securities units etc. the period must
be of more than 12 months or for land and building 24 months ) immediately the date of its
transfer.
According to Section 45 (1) any profits or gains arising from the transfer of a capital asset
effected in the previous year is chargeable to income-tax under the head ‘capita gains’.
It is deemed to be the income of the previous year in which the transfer takes place. It is
immaterial whether the profit is actually received during that year or not.
Meaning of ‘Transfer’: As per section 2 (47), Transfer, in relation to capital asset, includes
6. Where the benefits arise due to acquisition of shares or by becoming members of a Co-
operative Society, Company or an Association person
7. In case of ‘Zero Coupon Bonds’ transfer is recognized on the date of its maturity or early
encashment.
When a capital asset has been held by the assessee for not more than 36 months ( in case of
financial assets not more than 12 months but in cash of unlisted shares and immovable property
being land and building or both not more than 24 months) on the date of transfer the profit
arising on its transfer is said to be short-term capital gain. Such capital gain is treated as normal
revenue income and is included in other taxable income. It is not subject to any special
treatment.
When a capital asset has been held by the assessee for more than 36 months ( in case of financial
Assets more than 12 months but in case of unlisted shares and immovable property being land
building or both for more than 24 months) on the date of transfer the profit arising out of its
transfer is termed long-term capital gain.
Illustration-1
On 15-11-2017, Shri Athavale ( an ordinary resident and Indian citizen) has sold his personal
jewellery for Rs. 17,04,000 and incurred Rs. 40,000 as valuation charges in connection with its
sales. The original cost of jewellery, bought in 1988-89 was Rs. 2,50,000 but its fair market
value on 1-4-2001 was Rs. 4,00,000.
Rs. Rs.
Sales value of Jewellery 17,04,000
Less: Specific Deductions
1. Selling expenses (Valuation expenses ) 40,000
2. Indexed cost of Acquisition [ 4,00,000 x 272/100] 11,28,000
Long term Capital Gain 10,88,000 5,76,000
Less: Exemption U/s 54-EC ( to the extent of investment
made in specified assets 3 years bonds of RECL) 5,00,000
Illustration -2
On 11-10-2017, Shri Chandraswami has sold his self-residential house for Rs. 16,76,800.
Brokerage paid amount to 64,000. He had bought this house in 2004-05 for Rs. 1,86,450 and
had incurred Rs. 64,500 in 2007-08 for additional construction made.
On 1-3-218, Rs. 10,00,000 was invested in 3 years bound of National Highway Authority of
India, Relevant cost inflation index are as under:
2004-05 :113 2007-08:129 2017-18:272
Determine the taxability of capital gain for the assessment year 2018-19.
Rs. Rs.
Sales value of personal residential house 16,76,800
Less: Specific Deductions
1. Transfer charges ( Brokerage) 64,000
2. Indexed cost Acquisition [1,86,450 x 272/113] 4,48,800
3. Indexed cost of additional construction [64,500 x 272/129] 1,36000
6,48,800
Long term Capital Gain 10,28,000
Less: Exemption U/s 54-EC ( investment in 3 years of NHAI 10,00,000
Bonds)
Taxable Lon term Capital Gain 28,000
Illustration-3
From the following particulars of income of shri Chanakya, determine his income under the
head capital gain for the assessment year 2018-19.
1. Shri Chanakya had purchase a residential house for Rs. 4,68,000 on 1-1-2006. He sold this
house on 1-4-2017 for Rs. 16,45,000. This was the only house owned by him. A part of the
sale proceeds was utilized by him for the education of his son and Rs. 5,60,000 was used on
31-12-2017 to acquire another residential house.
2. On 31-12-2017, he sold some of the securities for Rs. 3,18,325 which were purchased by
him on 1-5-2004 for 65,400. Rs. 1,00,000 of the sales price was invested on 1-2-18 in 3-years
bonds of NHAI.
Relevant cost index for long term capital gain are as follows:
Rs. Rs.
1. Sales value of self-occupied Residential house (1-4-
2017) 16,45,000
Less: Specific Deductions
Indexed cost Acquisition [4,68,000 x 272/117]
Long term Capital Gain from residential house 10,88,000 Nil
Less: Exemption U/s 54-EC ( Note No.1) 5,57,000
5,57,000
2. Sales of securities (31-12-2017)
1. Sales value of securities
Less: Specific Deductions 3,18,325
Indexed cost Acquisition [65,400 x 272/109]
Long term Capital Gain from Govt. Securities 1,63,200 55,125
Less: Exemption U/s 54-EC ( Note No.2) Actual Investment 1,55,125
100,000
Taxable Lon term Capital Gain 55,125
Illustration-4
Hiral had purchased a residential house for Rs. 18,60,000 during the year 2004-05. She had
also paid Rs. 3,52,500 as additional construction expenses during the year 2007-08.
On 7-7-2017, she sold the above house for Rs. 64,71,275 and paid Rs. 80,000 as brokerage.
On 1-1-2018, she purchased another house for Rs. 12,00,000 relevant cost inflation numbers
are as under.
Find out the tax free capital gain according to Sec.54 for the A.Y. 2018-19.
Computation of Taxable Capital Gain from Personal Residential House
Rs. Rs.
Sales value of personal residential house 64,71,275
Less: Specific Deductions
1. Transfer charges ( Brokerage) 80,000
2. Indexed cost Acquisition [18,60,000 x 272/113]
3. Indexed cost of additional construction [3,52,500 x 44,77,168
272/129] 7,43,256 53,00424
Long term Capital Gain 11,70,851
Less: Exemption U/s 54-EC ( investment in self residential 12,00,000
house)
Taxable Long term Capital Gain -
As the assessee has invested the entire capital profit in another residential house within the
prescribed time limit, it is fully exempted U/s 54.
Illustration-5
Computation the capital gains chargeable to tax of Shree Janakkumar from the following details
for the A.Y 2018-19.
On 1-4-2001 the fair market value of self-occupied house and Jewellery were Rs. 12,00,000
and Rs. 1,80,000 respectively. Shares of both the companies (sold on 1-11-2017) were subject
to securities transaction tax (STT).
Rs. Rs.
1. Long-term Capital Gain (On Sales of Reliance Ltd.
Shares):
Sales value of shares of Reliance Ltd. 4,60,000
Less: Specific Deductions
1. Transfer Expense ………..
2. Indexed cost of Acquisition [1,62,560 x 272/254] 1,74,080
Taxable Long term Capital Gain (Note- 2,85,920 2,85, 920
1)
Illostration-6
From the following information of Mr. Kapildev calculate the taxable amount of capital gain
for P.Y. 2017-18:
Jewellery purchased on 10-3-95 for Rs. 2,09,000 was sold for Rs. 13,16,810 on 2-5-2017. He
paid Rs. 2,000 and Rs. 4,500 respectively as brokerage for purchase and sale.
In the above transaction if he has purchased a residential building for Rs. 6,56,155 instead of
bonds of NHAI than what will be the change in your answer?
The fair market value of the jewellery on 1-4-2001 was Rs. 4,40,000. Index 2001-02 - 100,
2017-18- 272.
Computation of Taxable Capital Gain from Jewellery
Rs. Rs.
Sales value of Jewellery 13,16,810
Less: Specific Deductions
1. Selling expenses (sales Brokerage ) 4500
2. Indexed cost of Acquisition [ 4,40,000 x 272/100] 11,96000 12,00,500
Long term Capital Gain 1,16,310
Less: Exemption U/s 54-EC ( Investment in NHAI- but this 4,00,000 ………...
dedication is not allowed )
Taxable Lon term Capital Gain 1,16,310
Notes:
Option-1: As the investment in 3 years bonds of NHAI has been made after expiry of 6 months
period, Exemption U/s 54 EC is not available and hence, entire capital profit is considered as
taxable.
Option-2
Exemption U/s 54F = Total long-term capital profit x Investment in residential house
Net consideration
1,16,310 x 6,56,155
= 13,12,310 ( 13,16,810- 4500)
= 58,155 Exemption U/s 54F
Rs. Rs.
Sales value of Jewellery 13,16,810
Less: Specific Deductions
1. Selling expenses (sales Brokerage ) 4500
2. Indexed cost of Acquisition [ 4,40,000 x 272/100] 11,96000 12,00500
Long term Capital Gain 1,16,310
Less: Exemption U/s 54-F ( Investment in Residential 58,155
House)
Taxable Lon term Capital Gain 58,155
Illustration-7
From the following particulars of Niyati’s transaction of assets effected during the financial
year 2017-18, compute her taxable income under the head “Capital Profit”:
Relevant cost inflation index number of financial year 2017-18 is 272. Listed shares sold on
23-4-2017 were not subject to security transaction tax as they were sold directly. Similarly the
equity Oriented units of approved mutual fund sold on 15-3-2018 were not subject to securities
transaction tax as they were also sold directly.
Rs. Rs.
1. Shares listed on stock Exchange:
1. Shares sold on 15-04-2017 through the stock exchange
(Subject to SST)
Net Consideration
11,42,300
Less: Specific Deductions
1. Transfer Charges
2. Indexed cost of Acquisition [Rs. 3,60,0000 x 272/100]
Long term Capital Gain (Fully Exemption U/s 10 (38) 9,79,200 ………….
(Note-1) 1,63,100
Illustration-7
Find out the taxable capital gain and exemption U/s 54 F for the A.Y 2019-20 from the
detail given below by Anamika.
On 1-11-18, all the above assets (Excluding residential flat) were sold. Security transaction tax
has not been charged on sales of security. The cost-inflation Index numbers are as under:
2001-02:100 2010-11:167
2005-06:117 2017-18:280
2. Jewellery
1. Sales price 12,61,088
Less: Sales Expenses
Net Consideration ………..
Less: Specific Deductions
Indexed cost of Acquisition [Rs. 4,83,915 x 280/117] 12,61,088
Taxable Long term Capital Gain 1,03,001
2,61,237
87,749
Exempted Capital Gain U/s 54F = Long term capital gain x Cost of new residential House
Net Consideration
Land – 5,89,250
Jewellery- 12,61,088
Shares – 9,47,426
LD- 2,26,650
UD- 3,48,986
NC - 33,73,400
Illustration-8
Shri Ashish Pandya provides the following details pertaining to previous year 2017-18.
Compute taxable capital gains for the A.Y 2018-19. Cost inflation index for the financial
year 2017-18 is 272.
The fair market value of the self-residential hose was Rs. 16,00,000 on 1-4-2001. The shares
of both the companies were subject to SST on respective dates of Sales.
Illustration-9
Find out taxable capital gain from the following information of Shri Ajitbhai for the
A.Y.2018-19.
The fair value of Rural residential house was Rs. 14,00,000 on 1-4-2001. From the sales
proceeds of this house, Rs. 11,00,000 invested in new residential house on date 2-1-2018. For
the benefit of tax exemptions, he invested Rs. 4,50,000 in three years NHAI on 2-7-2018.
Related cost inflation index:
Q - Shri Tarak Mehta has provided the following details for P.Y 2018-19. Compute
taxable capital gain for the A.Y 2019 – 20.
4. Jewellery
1. Sales price 39,00,000
Less: Sales Expenses 30,000
Net Consideration 38,70,000
Less: Specific Deductions
Indexed Cost of Acquisition ( no Indexation) 31,00,000
Taxable Short term Capital Gain 7,70,000 7,70,000
Total Taxable Short term Capital Gain 7,70,000
As Long - term capital loss of Rs. 8,25,000 can be set-off against long term capital profit of
Rs, 3,27,000, the balance of such loss will be carried forward. It cannot be set – off against
short term capital gain.
Q–2 From the following informations of Mr. Kapil Dev Calculate the taxable amount of
capital gain for P.Y. 2018 -19:
Jewellery purchased on 10-3-95 for Rs. 2,09,000 was sold for Rs. 13,52,810 on 2-5-2018. He
paid Rs.2000 and Rs.4,500 respectively as brokerage for purchase and sale.
Rs. Rs.
Sales value of Jewellery 13,52,810
Less: Specific Deductions
1. Selling expenses (sales Brokerage ) 4500
2. Indexed cost of Acquisition [ 4,40,000 x 280/100] 12,32000 12,36,500
Long term Capital Gain 1,16,310
4,00,000 ………
Less: Exemption U/s 54-EC ( Investment in NHAI- but this
dedication is not allowed )
Taxable Lon term Capital Gain 1,16,310
Notes:
Option-1: As the investment in 3 years bonds of NHAI has been made after expiry of 6 months
period, Exemption U/s 54 EC is not available and hence, entire capital profit is considered as
taxable.
Option-2
Exemption U/s 54F = Total long-term capital profit x Investment in residential house
Net consideration
1,16,310 x 6,74,155
= 13,48,310 ( 13,52,810- 4500)
Rs. Rs.
Sales value of Jewellery 13,52,810
Less: Specific Deductions
1. Selling expenses (sales Brokerage ) 4500
2. Indexed cost of Acquisition [ 4,40,000 x 280/100] 12,32000 12,36,500
Long term Capital Gain 1,16,310
Less: Less: Exemption U/s 54-F ( Investment in Residential 58,155
House)
Taxable Lon term Capital Gain 58,155
Q- Hiral had purchased a residential house for Rs. 18,59,980 during the year 2004-05. She had
also paid Rs. 3,52,493 as additional construction expenses during the year 2007-08.
On 7-7-2018, she sold the above house for Rs, 66,24,750 and paid Rs. 80,000 as brokerage.
On 1-1-2019, She purchased another house for Rs. 12,00,000. Relevant cost inflation number
as under:
P.Y 2004-05 - 113
P.Y 2007-08 - 129
P.Y 2018-19 - 280
Find out the tax free capital gain according to sec.54 for the A.Y.2019-20.
Illustration-9
Find out taxable capital gain from the following information of Shri Ajitbhai for the
A.Y.2021-22.
The fair value of Rural residential house was Rs. 14,00,000 on 1-4-2001. From the sales
proceeds of this house, Rs. 11,00,000 invested in new residential house on date 2-3-2021. For
the benefit of tax exemptions, he invested Rs. 4,50,000 in three years NHAI on 2-7-2021.
Related cost inflation index:
Financial Year Cost Inflation Index
2001 -02 100
2004-05 113
2011-12 184
2016-17 264
2020-21 301
2. Personal Gold
1. Sales price 4,50,000
Less: Sales Expenses
Net Consideration
Less: Specific Deductions
Indexed cost of Acquisition [Rs.11,30,000 x 301/113] 34,75,000
Taxable Long term Capital Loss 3000 - 4,62,000
3. Personal Computer is not considered a capital assets 34,72,000
and hence profit / loss on its transfer is to be ignored ………….
4. Unquoted Shares
1. Sales price 30,10,000
Less: sales expenses
Net Consideration
Less: Specific Deductions ………
Indexed cost of Acquisition [Rs. 1,84,000 x 301/184]
Taxable Long term Capital Gain 4,65,500 1,63,000
1500
4,64,000
5. Residential Flat
1. Sales price 3,01,000
Less: Sales Expenses 1,63,000
Net Consideration
Less: Specific Deductions
Indexed Cost of Acquisition [ No indexation as it is held for 45,30,250
less than 24 months] 30,250 5,00,000
Taxable Short term Capital Gain 45,00,000
40,00,000
5,00,000
Total Long term Capital Loss - 1,70,500
Taxable Short term Capital Gain 500,000