SCOPE OF CHARGE
1. Capital Assets [Sec. 2(14)]
2. Transfer [Sec.2(47)]
3. Gain
Indexing of the Cost of Acquisition and cost of Improvement of Long Term Capital Asset only [Section 48]
TYPES OF CAPITAL GAIN
1.Short-Term Capital Gain
2. Long - Term Capital Gain
EXEMPTED CAPITAL GAIN
1. Sale of Residential House Property.(asset is Long-Term) [Sec. 54]
2. Sale of Self-cultivated Agricultural Land (urban) [Sec. 54B]
3.Compulsory acquisition of Capital Assets
[Sec.54D]
4. Sale of any Long-Term Capital Asset [Sec.54EC]
5. Investment of Long-Term Capital Gain in specified Asset[Sec.54ED]
6. Sale of Long-Term Capital Assets in case of Investment in Residential Houses[Sec.54F]
7. Treatment of Capital Loss (Set Off )
8. Carry Forward of Unadjusted Capital Loss |
Gain on Transfer of a Capital Asset called Capital Gain , (sec.45)
Property of any kind held by assessee, whether or not connected his business or profession. It includes Plant & Machinery, ‘Building’ - Whether Business Premises or Residential, all assets of a business, goodwill, patent rights, etc. :
Does not include ...
(i) Stock In Trade
(ii) Persona effects -- Household goods except Jewellery ;
(iii) Agricultural Land situated in rural areas.
Includes Sale, Exchange, Relinquishment of the Asset or the Extinguishment of any rights therein or the Compulsory acquisition under any law. It must be effected during the previous year.
- Transfer of Assets on partition of H.U.F. ;
- Transfer of Assets on Liquidation of Company to its Shareholders ;
- Transfer of Assets under a Gift, Will or irrecoverable Trust ;
- Transfer of Assets by a Parent Company to Subsidiary Company ;
- Transfer of Assets on Amalgamation of Companies ;
- Transfer of Shares on Amalgamation of Companies ;
- Conversion of Bonds and Debentures into Shares or Debentures.
Capital Gain = Sale Price -
(i) Cost of acquisition [Indexed]
(ii) Cost of any Improvement [Indexed]
+
(iii) Expenses on Transfer
Balance is called Capital Gain
Actual Cost and Cost of Improvement has to be inflated by using Cost Inflation Index (C.I.I.) in following manner :
a Indexed Cost = Actual Cost X C.I.I. of the year of Sale / C.I.I. of the year of Acquisition.
a Indexed Cost of Improvement = Cost of Improvement X C.I.I of the year of Sale / C.I.I. of the year of Improvement.
(No Indexing in case of Short-Term Capital Assets, units acquired u/s 80 CCB, Bonds and Debentures for non resident Assesses.)
Gain on Asset held by Assessee for a period up to 36 months .
( In case of Shares Debentures Units Securities etc. This period is 12 Months)
Gain on Asset held by Assessee for a period exceeding 36 months .
( For Shares 12 Months)
The part of Capital Gain of Individual and H.U.F. from the sale of such house property which is Long-Term Capital Asset, is Exempted which is Invested in ---
(i) Purchase of another house within 3 years after the ale.
(ii) Construction of another house within 3 years after the sale.
Condition : Such Exempted Gain will be added to new Capital Gain if the new house purchased or constructed is sold or transferred within 3 years from the date of purchase or construction.
That part of Capital Gain from the sale of such Land is Tax-FREE which is reinvested in purchase of another piece of Land within 2 years after sale.
That part of Capital Gain arising from Compulsory acquisition of Land , Building or any right is such Asset used by Assessee for 2 years for his own business, shall be Tax-FREE which is reinvested in purchase of another Land or Building or Right in Land or Building within 3 years of the acquisition.
The new Asset so acquired cannot be sold or transferred for a period of 3 years, otherwise old exempted Gain will be put to TAX.
Investment of Long-Term Capital Gain within 6 months from date of sale in Bonds issued by National Bank for Agriculture and Rural Development ( NABARD), or National Highway Authority of India or by SIDBI. Amount of gain so invested shall be exempted. The new Bonds so acquired cannot be sold or transferred or pledged for 3 years.
With effect from Assessment Year 2002-2003 in case Long-Term Capital Gain from sale of listed Securities or Units is reinvested within 6 months from date of sale in acquiring shares forming part of the eligible issue of Capital, the Long-Term Capital so invested shall be exempted. The new Shares so acquired cannot be sold or otherwise transferred for a period of ONE Year from the date of Investment.
The gain which was exempted due to Investment in such Equity Shares and such equity shares are sold before the expiry of one Year, shall be deemed Long-Term Capital Gain of the year in which sold.
Where a Long-Term Asset is transferred and sale price is reinvested in construction or purchase of a Residential House within 3 years or 1 year before or 2 years after Sale, respectively, so much of Capital Gain shall be exempted as is in proportion of amount invested to net consideration.
No exemption if assesses owns another house or acquires another house in 1 year before or 2 years after or constructs another house in 3 years.
Short-Term Capital Loss can be Set Off from either Short Term Capital Gain or Long Term Capital Gain.
Long-Term Capital Loss can be Set Off only from Long Term Capital Gain.
Unadjusted Capital Losses are carried forward separately for 8 succeeding previous years to be
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