Podcast
Questions and Answers
Under which section of the Income Tax Act are profits from the transfer of a capital asset chargeable to tax?
Under which section of the Income Tax Act are profits from the transfer of a capital asset chargeable to tax?
- Section 2(42A)
- Section 45(1) (correct)
- Section 112A
- Section 2(14)
Which of the following assets would be classified as a capital asset according to Section 2(14) of the Income Tax Act?
Which of the following assets would be classified as a capital asset according to Section 2(14) of the Income Tax Act?
- Agricultural land situated more than 8 km from a municipality with a population exceeding 1 million
- Personal effects of movable nature held for personal use, excluding jewellery and artwork
- Securities held by a Foreign Institutional Investor (FII) (correct)
- Stock-in-trade held by a business, excluding securities held by FIIs
How does the Income Tax Act, 1961, address the classification of shares as either stock-in-trade or capital assets for tax purposes?
How does the Income Tax Act, 1961, address the classification of shares as either stock-in-trade or capital assets for tax purposes?
- The assessee has the option to treat shares as stock-in-trade, in which case the income is treated as business income; otherwise, the nature of the transaction is decided by CBDT guidelines. (correct)
- CBDT has established a universal principle to determine the character of income from the sale of shares, eliminating disputes.
- The classification is solely determined by how the shares are categorized in the assessee's books of accounts.
- Shares held for more than 12 months must be treated as capital gains, regardless of the assessee's preference.
Which of the following items would be considered 'jewellery' according to Explanation 1 to section 2(14) of the Income Tax Act?
Which of the following items would be considered 'jewellery' according to Explanation 1 to section 2(14) of the Income Tax Act?
In the context of capital gains taxation, how does the proximity of agricultural land to municipal areas affect its classification as a capital asset?
In the context of capital gains taxation, how does the proximity of agricultural land to municipal areas affect its classification as a capital asset?
What was the primary reason for inserting the Explanation to Section 2(14) of the Income Tax Act, as clarified by the Finance Act, 2012?
What was the primary reason for inserting the Explanation to Section 2(14) of the Income Tax Act, as clarified by the Finance Act, 2012?
How does the holding period of a capital asset impact its classification as either a short-term or long-term capital asset for non-resident individuals, specifically concerning securities listed on a recognized stock exchange in India?
How does the holding period of a capital asset impact its classification as either a short-term or long-term capital asset for non-resident individuals, specifically concerning securities listed on a recognized stock exchange in India?
Considering the CBDT's directives in Circular No. 06/2016, what conditions must an assessee meet to ensure that income from the transfer of listed shares held for more than 12 months is treated as capital gains?
Considering the CBDT's directives in Circular No. 06/2016, what conditions must an assessee meet to ensure that income from the transfer of listed shares held for more than 12 months is treated as capital gains?
In light of judicial decisions regarding personal effects, which of the following factors is most critical in determining whether an item qualifies as a personal effect, thus exempting it from capital gains tax upon transfer?
In light of judicial decisions regarding personal effects, which of the following factors is most critical in determining whether an item qualifies as a personal effect, thus exempting it from capital gains tax upon transfer?
How do exemptions under sections 54, 54B, 54D, 54EC, 54F, 54G, 54GA, and 54H affect the chargeability of capital gains under Section 45(1) of the Income Tax Act?
How do exemptions under sections 54, 54B, 54D, 54EC, 54F, 54G, 54GA, and 54H affect the chargeability of capital gains under Section 45(1) of the Income Tax Act?
Considering that securities held by Foreign Institutional Investors (FIIs) are always regarded as capital assets, how does this classification impact their tax liabilities differently from other investors?
Considering that securities held by Foreign Institutional Investors (FIIs) are always regarded as capital assets, how does this classification impact their tax liabilities differently from other investors?
In what scenario would the sale of gold utensils be subject to capital gains tax?
In what scenario would the sale of gold utensils be subject to capital gains tax?
What is the significance of the Supreme Court's decision in Maharaja Rana Hemanth Singhji v. CIT (1976) concerning the definition of 'personal effects'?
What is the significance of the Supreme Court's decision in Maharaja Rana Hemanth Singhji v. CIT (1976) concerning the definition of 'personal effects'?
How does the judgement of PVS Raju v. ACIT (2012) impact the classification of shares as capital assets or stock-in-trade?
How does the judgement of PVS Raju v. ACIT (2012) impact the classification of shares as capital assets or stock-in-trade?
What is the implication of the CBDT instruction issued on May 2, 2016, regarding the treatment of unlisted shares?
What is the implication of the CBDT instruction issued on May 2, 2016, regarding the treatment of unlisted shares?
Which scenario would most likely lead to a dispute regarding the classification of surplus from the sale of shares as either 'Business Income' or 'Capital Gains'?
Which scenario would most likely lead to a dispute regarding the classification of surplus from the sale of shares as either 'Business Income' or 'Capital Gains'?
Considering the provisions related to agricultural land, under what conditions would the transfer of agricultural land in India be subject to capital gains tax?
Considering the provisions related to agricultural land, under what conditions would the transfer of agricultural land in India be subject to capital gains tax?
What legal precedent did the Finance Act, 2012, aim to counteract with the insertion of the Explanation to Section 2(14)?
What legal precedent did the Finance Act, 2012, aim to counteract with the insertion of the Explanation to Section 2(14)?
How do the principles established in CIT v. Benarashilal Kataruka (1990) affect the determination of whether silverware items are considered personal effects?
How do the principles established in CIT v. Benarashilal Kataruka (1990) affect the determination of whether silverware items are considered personal effects?
In the context of capital gains, how is the transfer of a Unit Linked Insurance Policy (ULIP) issued on or after 01.02.2021, treated if the exemption u/s 10(10D) does not apply?
In the context of capital gains, how is the transfer of a Unit Linked Insurance Policy (ULIP) issued on or after 01.02.2021, treated if the exemption u/s 10(10D) does not apply?
How does the Explanation to Section 2(14) affect the taxation of offshore transactions involving the transfer of shares in foreign companies that derive substantial value from Indian assets?
How does the Explanation to Section 2(14) affect the taxation of offshore transactions involving the transfer of shares in foreign companies that derive substantial value from Indian assets?
What is the primary distinction between holding shares as an investment versus holding them as stock-in-trade, according to established legal principles?
What is the primary distinction between holding shares as an investment versus holding them as stock-in-trade, according to established legal principles?
In what situation would a taxpayer be unable to change their stance on whether to treat surplus from the sale of listed shares as Capital Gain or Business Income?
In what situation would a taxpayer be unable to change their stance on whether to treat surplus from the sale of listed shares as Capital Gain or Business Income?
According to judicial interpretations, why might a large collection of similar silverware articles not be considered 'personal effects'?
According to judicial interpretations, why might a large collection of similar silverware articles not be considered 'personal effects'?
How does the definition of 'transfer' under Section 2(47) of the Income Tax Act, influence the applicability of capital gains tax?
How does the definition of 'transfer' under Section 2(47) of the Income Tax Act, influence the applicability of capital gains tax?
When determining whether surplus from the sale of shares should be taxed as 'Business Income' or 'Capital Gains', which factor would carry the most weight in the Assessing Officer's decision, according to CBDT guidelines?
When determining whether surplus from the sale of shares should be taxed as 'Business Income' or 'Capital Gains', which factor would carry the most weight in the Assessing Officer's decision, according to CBDT guidelines?
In the context of Section 45(1), what specific condition must be satisfied for profits arising from the transfer of a capital asset to be chargeable to tax under the head 'Capital Gains'?
In the context of Section 45(1), what specific condition must be satisfied for profits arising from the transfer of a capital asset to be chargeable to tax under the head 'Capital Gains'?
How does the principle established in CIT v. Saroj Goenka (1983) regarding loose diamonds impact their classification as capital assets?
How does the principle established in CIT v. Saroj Goenka (1983) regarding loose diamonds impact their classification as capital assets?
Under what circumstances might items of silverware, such as dinner plates and bowls, be subject to capital gains tax?
Under what circumstances might items of silverware, such as dinner plates and bowls, be subject to capital gains tax?
How did the insertion of the Explanation to Section 2(14) specifically address the taxation of indirect transfers of assets located in India?
How did the insertion of the Explanation to Section 2(14) specifically address the taxation of indirect transfers of assets located in India?
When an assessee transfers securities listed on a recognised stock exchange in India after holding them for a period, will the classification of such asset as short-term or long-term capital asset depend on the date of transfer?
When an assessee transfers securities listed on a recognised stock exchange in India after holding them for a period, will the classification of such asset as short-term or long-term capital asset depend on the date of transfer?
According to Circular No. 06/2016, under which condition would the Assessing Officer (AO) be more inclined to scrutinize the nature of a transaction involving the sale of listed shares?
According to Circular No. 06/2016, under which condition would the Assessing Officer (AO) be more inclined to scrutinize the nature of a transaction involving the sale of listed shares?
Which of the following scenarios highlights the point that mere classification of shares in the books of account of the assessee is not relevant for determining the nature of income for income-tax purposes.
Which of the following scenarios highlights the point that mere classification of shares in the books of account of the assessee is not relevant for determining the nature of income for income-tax purposes.
In the case of silver utensils, what specific detail is considered to determine whether it is a capital asset?
In the case of silver utensils, what specific detail is considered to determine whether it is a capital asset?
According to the Act, Securities held by FIIs (Foreign Institutional Investors) shall always be regarded as a capital asset. What is the implication of this rule?
According to the Act, Securities held by FIIs (Foreign Institutional Investors) shall always be regarded as a capital asset. What is the implication of this rule?
Flashcards
Capital Gains
Capital Gains
Profits from selling a capital asset (stocks, bonds, real estate, etc.) for more than its purchase price.
Basis of Charge
Basis of Charge
Profits from the transfer of a capital asset are taxed under the head 'Capital Gains' in the year the transfer occurred.
Capital Asset
Capital Asset
Any kind of property held by an assessee, whether connected to their business or not. Also includes securities held by Foreign Institutional Investors (FII).
Exclusions from Capital Asset
Exclusions from Capital Asset
Signup and view all the flashcards
Personal Effects Exclusion
Personal Effects Exclusion
Signup and view all the flashcards
Agricultural Land Exclusion
Agricultural Land Exclusion
Signup and view all the flashcards
Government Bonds Exclusion
Government Bonds Exclusion
Signup and view all the flashcards
Definition of 'Property'
Definition of 'Property'
Signup and view all the flashcards
Asset Classification
Asset Classification
Signup and view all the flashcards
Share Classification Factors
Share Classification Factors
Signup and view all the flashcards
Stock-in-Trade Treatment
Stock-in-Trade Treatment
Signup and view all the flashcards
Capital Gains Election
Capital Gains Election
Signup and view all the flashcards
Silverware as Personal Effect
Silverware as Personal Effect
Signup and view all the flashcards
Definition of Jewellery
Definition of Jewellery
Signup and view all the flashcards
Study Notes
- Capital gains are profits from selling a capital asset (stocks, bonds, real estate, precious metals) for more than its purchase price.
- Capital gains are categorized as short-term or long-term based on how long the asset was held.
- Tax rules for capital gains include varying rates based on asset type and holding period.
- Exemptions and deductions can reduce the tax on capital gains.
Basis of Charge – [Sec. 45(1)]
- Profits from the transfer of a capital asset in the previous year are taxed under the "Capital Gains" head.
- This applies in the previous year when the transfer occurred.
- Exemptions exist under sections 54, 54B, 54D, 54EC, 54F, 54G, 54GA, and 54H.
Definition of ‘Capital Asset’ – [Sec. 2(14)]
- A capital asset includes any type of property held by an assessee, regardless of business connection.
- Securities held by a Foreign Institutional Investor (FII) compliant with SEBI Act, 1992 regulations are capital assets.
- Unit Linked Insurance Policies (ULIPs) issued on or after 01.02.2021, without exemption u/s 10(10D), are capital assets.
- Capital assets do not include stock-in-trade (except securities held by FIIs), consumable stores, or raw materials held for business.
- Securities held by FIIs are always capital assets, whether held as stock-in-trade or investment.
- Personal movable effects (wearing apparel, furniture) held for personal use are excluded, except for:
- Jewellery
- Drawings
- Paintings
- Archaeological collections
- Sculptures
- Works of art
- Agricultural land in India is excluded if situated:
- Within a municipality or cantonment board with a population of 10,000+.
- Within specified aerial distances from such municipality/board based on population (2 km for 10,000-100,000, 6 km for 100,001-1,000,000, 8 km for 1,000,001+).
- Special Bearer Bonds, 1991, issued by the Central Government are excluded.
- Gold Deposit Bonds under the 1999 Scheme or Deposit Certificates under the 2015 Scheme are excluded.
Explanation to Sec. 2(14)
- An explanation clarifies that "property" includes rights in or related to an Indian company.
- This includes management/control rights, addressing doubts from Vodafone International Holdings B.V. v. Union of India (2012).
- This clarification was inserted by the Finance Act, 2012, and is deemed to have always been included.
Determining Whether an Asset is Stock-in-Trade or Capital Asset
- Whether an asset is a capital asset or stock-in-trade depends on how it is held, not its nature.
- Real estate held by a dealer is stock-in-trade.
- But if the property is held as an investment for rental income, it's a capital asset.
- Determining if shares are held for investment (capital gain) or trading (business income) is a factual question.
- Factors include the volume/frequency of trading, holding period, and sales-to-purchase ratio.
- The classification of shares in accounts is not definitive for tax purposes.
- [PVS Raju v. ACIT (2012) 340 ITR 75 (AP)]
Surplus on sale of shares or securities taxable as ‘Business Income’ or ‘Capital Gains’?
- [Circular No. 06/2016, dated 29.02.2016]
- Courts and the CBDT have provided parameters to distinguish shares held as investments vs. stock-in-trade over the years.
- CBDT Circular No. 06/2016 aims to reduce litigation by providing the following guidelines:
- If the assessee treats shares as stock-in-trade, income from their transfer is business income.
- If listed shares held >12 months are treated as capital gains, the AO will not dispute it.
- This stance must be consistent in subsequent assessment years.
- In other cases, the nature of the transaction is decided based on CBDT circulars.
- CBDT instruction on May 2, 2016, states that unlisted shares are treated as capital assets, regardless of holding period.
Items of Precious Metals; to What Extent Constitutes Jewellery
- Jewellery includes ornaments of gold, silver, platinum, or any precious metal/alloy, with or without stones, worked into apparel.
- It also includes precious/semi-precious stones, set in furniture/utensils or worked into apparel.
- Gold utensils are not personal effects and are capital assets, as using them is not a tradition.
- Capital gains apply to the sale of gold utensils.
[CIT v. Benarashilal Kataruka (1990) 185 ITR 493 (Cal.)]
- Silverware (plates, bowls, jugs) was considered personal effects, not capital assets.
- The court stated that the items were meant for personal use, despite not being used daily.
- The nature of the article is the main factor in determining if it's a personal effect.
[Ramanathan Chettiar v. CIT (1985) (Mad.)]
- A large number of similar silver articles might not be for personal use.
- The assessing authority must determine which articles are reasonably held for personal use.
[Maharaja Rana Hemanth Singhji v. CIT (1976) 103 ITR 61 (SC)]
- Personal effects intimately connect to the assessee's person.
- Gold sovereigns, silver coins, and bars used for puja were not considered personal use.
- As such, capital gains were taxable.
[CIT v. Saroj Goenka (1983) 140 ITR 88 (Chen.)]
- Loose diamonds are capital assets, not personal effects.
Types of Capital Asset [Sec. 2(42A) & Sec. 2(29AA)]
- The text abruptly ends here, it does not specify the holding period, the type of asset determines how long it needs to be held to be short term or Long Term, typically shares are 12 months or less for Short Term and 36 months or less for property to be short term.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.