Made By :-
Rohit Singh
House     Business/             Capital   Other
                        Salary
Property   Profession            Gains     Sources
Any asset like land, motor
  car, plant and machinery,
furniture and fixture, shares,
        debentures etc.
Exceptions:-
   Stock-In-Trade
  Movable items of PERSONAL USE
  Example:- TV, AIR CONDITIONER, GENERATOR,
            PERSONAL MOTOR CAR etc.
 BUT, These Four Movable Items Which Will Be
Considered As Capital Asset:-
I. Jewellery
II. Archaeological collections
III.Drawings
IV.Sculptures
    Agriculture Land In Rural Area
    Gold Deposit Bonds
    (Bond Issued Against Security Of Gold)
CAPITAL                         NON CAPITAL
 ASSET                            ASSET

  Immovable items                      Stock in trade


                                   Movable items personal
                                            use
    Movable items
    personal use:-
                                      Agriculture Land
        1. Jewellery
 2. Archaeological collection           ( Rural Area)
        3. Drawings
        4. sculptures

                                    Gold Deposit Bonds
CAPITAL
      ASSET


 SHORT      LONG
 TERM       TERM
CAPITAL    CAPITAL
 ASSET      ASSET
Capital Asset Sold Within A
Period Of 3 Yrs From The
Date Of Purchase Is
Considered As Short Term
Capital Asset.
Capital Asset Sold After
3 Yrs From The Date Of
Purchase Is Considered
As Long Term Capital
Asset.
PERIOD OF 3 YEARS WILL BE TAKEN AS
 1 YEAR IN THE FOLLOWING CASES:-
  Shares In Any Company
  Units Of Mutual Funds
  Zero Coupon Bond
• Issued For A Minimum Period Of 10 Yrs And Max
  Period Of 20yrs
•No Regular Returns
•Additional Amount Received On Maturity Will Be
Considered As Capital Gain
  Any Other Listed Securities like Debentures, Bonds
Etc.
Shares




Units Of   3yrs Will     Zero
Mutual     Be Taken     Coupon
 Funds      As 1yr       Bond




           Any Other
            Listed
           Securities
Profit or gains on the
sale of capital asset shall
be considered as capital
          gain.
Capital Gain

SHORT TERM          LONG TERM
  CAPITAL            CAPITAL
   GAIN               GAIN


STT    STT NOT    STT         STT NOT
PAID     PAID     PAID          PAID




                  *STT (SECURITY TRANSACTION TAX)
CASE 1
(LONG TERM CAPITAL GAIN)


1.STT PAID     - EXEMPT U/S
                   10(38)
2.STT NOT PAID - TAXABLE
                   @20%
CASE 2
(SHORT TERM CAPITAL GAIN)


1.STT PAID     – TAXABLE
                @15% U/S 111A
2.STT NOT PAID – TAXABLE
                 @SLAB RATE
PARTICULARS                   AMOUNT

Full Value Of Consideration   xxxx
(-) Cost Of Acquisition       xxxx
(-) Cost Of Improvement       xxxx

(-) Selling Expenses          xxxx
Short Term Capital Gain       xxxx
Computation Of Long Term Capital Gain


  PARTICULARS                       AMOUNT

   Full Value Of Consideration      xxxx
  (-) Indexed Cost Of Acquisition   xxxx
  (-) Indexed Cost Of Improvement   xxxx

  (-) Selling Expenses              xxxx
   Long Term Capital Gain           xxxx
HOW TO DO INDEXATION…???


             Inflation Index Of
                Current Year
Amount
             Inflation Index Of
                 Base Year
Mr. X Purchased Shares For
Rs 2 Lacs In July 2011. Then He
Sold Those Shares In Feb 2012
For Rs 5 Lacs. Selling
Expenses Are Rs 20k.
What Will Be His Income U/H
Capital Gain in assessment year
2012-13?
SOLUTION
PARTICULARS                    AMOUNT



Full Value Of Consideration    500000



(-) Cost Of Acquisition        200000



(-) Selling Expenses           20000



Short Term Capital Gain 111A   280000
Mr. X Is Engaged In The Business Of
Sale And Purchase Of Shares.
He Sold Shares Of Rs 50 Lacs In A Year
And Has Paid STT @ .25% Of Sale Price
And Cost Of These Shares Purchased In
Aug 2010 Was Rs20 Lacs.
What Will Be His Income U/H Capital
Gain For Assessment Year Year 2012-13?
Income U/H Capital Gain Will Be
Zero Because Shares Will
Considered As Stock-in-trade
Because Business Man Is Doing
Business With These Shares.
Therefore, It Will Not Be
Considered As Capital Asset. Hence
There Will Not Be Any Income U/H
Capital Gain.
Mr. X purchased shares for Rs
2lacs in July 1995.
Then he sold those shares in Feb.
2012 for Rs 30lacs.
Selling expenses are Rs 40k.
What will be his income u/h
capital gain in assessment year
2012-2013?
SOLUTION
PARTICULARS                       AMOUNT


 Full Value Of Consideration      3000000


(-) Indexed Cost Of Acquisition   558719

(-) Selling Expenses              40000

 Long Term Capital Gain           2401281
CALCULATION OF INDEX
    COST OF ACQUISITION

            785
Rs 200000             Rs 558719
            281
Capital Gains (Income Tax Act)

Capital Gains (Income Tax Act)

  • 1.
  • 2.
    House Business/ Capital Other Salary Property Profession Gains Sources
  • 4.
    Any asset likeland, motor car, plant and machinery, furniture and fixture, shares, debentures etc.
  • 5.
    Exceptions:- Stock-In-Trade Movable items of PERSONAL USE Example:- TV, AIR CONDITIONER, GENERATOR, PERSONAL MOTOR CAR etc. BUT, These Four Movable Items Which Will Be Considered As Capital Asset:- I. Jewellery II. Archaeological collections III.Drawings IV.Sculptures Agriculture Land In Rural Area Gold Deposit Bonds (Bond Issued Against Security Of Gold)
  • 6.
    CAPITAL NON CAPITAL ASSET ASSET Immovable items Stock in trade Movable items personal use Movable items personal use:- Agriculture Land 1. Jewellery 2. Archaeological collection ( Rural Area) 3. Drawings 4. sculptures Gold Deposit Bonds
  • 7.
    CAPITAL ASSET SHORT LONG TERM TERM CAPITAL CAPITAL ASSET ASSET
  • 8.
    Capital Asset SoldWithin A Period Of 3 Yrs From The Date Of Purchase Is Considered As Short Term Capital Asset.
  • 9.
    Capital Asset SoldAfter 3 Yrs From The Date Of Purchase Is Considered As Long Term Capital Asset.
  • 10.
    PERIOD OF 3YEARS WILL BE TAKEN AS 1 YEAR IN THE FOLLOWING CASES:- Shares In Any Company Units Of Mutual Funds Zero Coupon Bond • Issued For A Minimum Period Of 10 Yrs And Max Period Of 20yrs •No Regular Returns •Additional Amount Received On Maturity Will Be Considered As Capital Gain Any Other Listed Securities like Debentures, Bonds Etc.
  • 11.
    Shares Units Of 3yrs Will Zero Mutual Be Taken Coupon Funds As 1yr Bond Any Other Listed Securities
  • 12.
    Profit or gainson the sale of capital asset shall be considered as capital gain.
  • 14.
    Capital Gain SHORT TERM LONG TERM CAPITAL CAPITAL GAIN GAIN STT STT NOT STT STT NOT PAID PAID PAID PAID *STT (SECURITY TRANSACTION TAX)
  • 15.
    CASE 1 (LONG TERMCAPITAL GAIN) 1.STT PAID - EXEMPT U/S 10(38) 2.STT NOT PAID - TAXABLE @20%
  • 16.
    CASE 2 (SHORT TERMCAPITAL GAIN) 1.STT PAID – TAXABLE @15% U/S 111A 2.STT NOT PAID – TAXABLE @SLAB RATE
  • 17.
    PARTICULARS AMOUNT Full Value Of Consideration xxxx (-) Cost Of Acquisition xxxx (-) Cost Of Improvement xxxx (-) Selling Expenses xxxx Short Term Capital Gain xxxx
  • 18.
    Computation Of LongTerm Capital Gain PARTICULARS AMOUNT Full Value Of Consideration xxxx (-) Indexed Cost Of Acquisition xxxx (-) Indexed Cost Of Improvement xxxx (-) Selling Expenses xxxx Long Term Capital Gain xxxx
  • 19.
    HOW TO DOINDEXATION…??? Inflation Index Of Current Year Amount Inflation Index Of Base Year
  • 21.
    Mr. X PurchasedShares For Rs 2 Lacs In July 2011. Then He Sold Those Shares In Feb 2012 For Rs 5 Lacs. Selling Expenses Are Rs 20k. What Will Be His Income U/H Capital Gain in assessment year 2012-13?
  • 22.
    SOLUTION PARTICULARS AMOUNT Full Value Of Consideration 500000 (-) Cost Of Acquisition 200000 (-) Selling Expenses 20000 Short Term Capital Gain 111A 280000
  • 23.
    Mr. X IsEngaged In The Business Of Sale And Purchase Of Shares. He Sold Shares Of Rs 50 Lacs In A Year And Has Paid STT @ .25% Of Sale Price And Cost Of These Shares Purchased In Aug 2010 Was Rs20 Lacs. What Will Be His Income U/H Capital Gain For Assessment Year Year 2012-13?
  • 24.
    Income U/H CapitalGain Will Be Zero Because Shares Will Considered As Stock-in-trade Because Business Man Is Doing Business With These Shares. Therefore, It Will Not Be Considered As Capital Asset. Hence There Will Not Be Any Income U/H Capital Gain.
  • 25.
    Mr. X purchasedshares for Rs 2lacs in July 1995. Then he sold those shares in Feb. 2012 for Rs 30lacs. Selling expenses are Rs 40k. What will be his income u/h capital gain in assessment year 2012-2013?
  • 26.
    SOLUTION PARTICULARS AMOUNT Full Value Of Consideration 3000000 (-) Indexed Cost Of Acquisition 558719 (-) Selling Expenses 40000 Long Term Capital Gain 2401281
  • 27.
    CALCULATION OF INDEX COST OF ACQUISITION 785 Rs 200000 Rs 558719 281

Editor's Notes

  • #15  short term nd long term can be furthher sub divided into two ways one where Stt is paid on securities and the other one is where Stt is not paid on securities