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Capital Gain

Latest Articles


Co-Ownership Doesn’t Always Mean Joint Tax Responsibility

Income Tax : Mumbai ITAT rules co-ownership doesn’t imply tax liability. Sale proceeds taxed only for the beneficial owner, not co-owner in V...

March 30, 2025 798 Views 0 comment Print

Big Land, Small House, Big Exemption: Section 54/54F Exemptions

Income Tax : Learn key tax rulings on Section 54/54F exemptions for property sales, including land size, appurtenant land, property use, and ag...

March 7, 2025 2118 Views 0 comment Print

How to avoid Capital Gain tax on Sale/transfer of Property?

Income Tax : Capital gain is considered as the gain/profit on sale of property which is arrived at by deducting the Purchase Price from its Sal...

February 25, 2025 4122 Views 2 comments Print

Development Agreement Signing Doesn’t Trigger Capital Gains Tax Without Actual Transfer: Telangana HC

Income Tax : Telangana HC clarified that capital gains tax applies only when ownership or possession is transferred along with consideration....

February 24, 2025 1386 Views 0 comment Print

Cost Inflation Index Update FY 2024-25: Key Changes Explained

Income Tax : Understand the changes to the Cost Inflation Index for FY 2024-25, including indexation removal on long-term capital gains and new...

February 9, 2025 3867 Views 0 comment Print


Latest News


Indexation Removal on LTCG Tax: Govt Clarifies Impact

Income Tax : Govt rationalizes long-term capital gains tax, reducing rates to 12.5% and simplifying holding periods. Relief provided for pre-Ju...

December 27, 2024 2988 Views 0 comment Print

Budget 2024: Section 55 amendment- Cost of Acquisition for Unlisted Shares

Income Tax : Finance Bill 2024 amends Section 55 to include fair market value for unlisted shares in IPOs. Changes apply retroactively from Apr...

July 24, 2024 4869 Views 0 comment Print

Simplified Capital Gains Taxation Regime Introduced in Finance Bill 2024

Income Tax : The Finance Bill 2024 proposes a streamlined and rationalized taxation system for capital gains, with changes including reduced ho...

July 24, 2024 2244 Views 0 comment Print

Budget 2024: Amendment to Section 47 on Capital Asset Transfers

Income Tax : From April 1, 2025, Section 47 will exclude transfers of capital assets under gifts or wills from capital gains tax, with specific...

July 24, 2024 1560 Views 0 comment Print

Budget 2024: Capital Gains Taxation Simplified And Rationalised

Corporate Law : Finance Ministry's new capital gains tax: Short-term gains at 20%, long-term at 12.5%. Exemption limit raised to ₹1.25 lakh for ...

July 23, 2024 3807 Views 0 comment Print


Latest Judiciary


No Capital Gains for Joint Owner Without Beneficial Ownership: ITAT Mumbai

Income Tax : N...

March 18, 2025 3744 Views 0 comment Print

Mere non-residential use would not render a property ineligible for Section 54F

Income Tax : ITAT Delhi's ruling in Mahavir Prasad Gupta vs. JCIT (AY 1997-98) addresses Section 54F exemption, long-term capital gains, and in...

March 7, 2025 2007 Views 0 comment Print

Capital gain cannot be treated as bogus merely on warning letter of SEBI without any incriminating material

Income Tax : ITAT Chandigarh held that treating capital gains earned on sale of shares as bogus merely on the basis of warning letter of SEBI w...

February 28, 2025 1998 Views 0 comment Print

Agricultural Land Capital Gains: Municipal Limits as per notification on Sale date

Income Tax : ITAT Surat rules that for capital gains tax on agricultural land, municipal limits are determined by notification in force at the...

February 21, 2025 10797 Views 0 comment Print

Section 50C not applicable to assignment of development rights: ITAT Bangalore

Income Tax : ITAT Bangalore ruled on the taxability of Transferable Development Rights (TDR) in the case of Smt. Sowmya Sathyan vs. ITO, clarif...

February 18, 2025 1158 Views 0 comment Print


Latest Notifications


CBDT notifies Cost Inflation Index for Financial Year 2024-25

Income Tax : The Ministry of Finance, through the Central Board of Direct Taxes (CBDT), issued Notification No. 44/2024-Income-Tax on May 24, 2...

May 24, 2024 54396 Views 0 comment Print

NHAI discontinue Section 54EC Capital Gain Bonds issuance w.e.f. 01.04.2022

Income Tax : The Government of India in IEBR for FY 2022-23 have not mandated NHAI to raise funds from the market. Therefore. NHAI shall not is...

March 31, 2022 30153 Views 0 comment Print

Guidelines under clause (10D) section 10 of Income-tax Act, 1961

Income Tax : The Finance Act, 2021 amended clause (10D) of section 10 of the Act by inserting fourth to seventh provisos. Fourth proviso provid...

January 19, 2022 14781 Views 1 comment Print

CBDT Notification on Computation of capital gains, not exempt under Section 10(10D)

Income Tax : CBDT vide Notification No. 8/2022-Income tax notifies Rule 8AD Computation of capital gains for the purposes of sub-section (1B) o...

January 18, 2022 7944 Views 0 comment Print

Draft rules for amendments by Taxation Laws (Amendment) Act, 2021

Income Tax : No tax demand shall be raised in future on the basis of the amendment to section 9 of the Income-tax Act made vide Finance Act, 20...

August 28, 2021 1263 Views 0 comment Print


Merger of RIL & RPL will be tax neutral for RPL Shareholders

March 6, 2009 2405 Views 0 comment Print

The merger of Reliance Pertroleum (RPL) with Reliance Industries (RIL) is the latest in a long string of amalgamations and mergers that have taken place over time in the Reliance group. As per the arrangement announced by RIL, RPL shareholders of RPL will get one share of RIL for every 16 RPL shares held by […]

Effectively utilize losses to reduce the tax burden

February 27, 2009 504 Views 0 comment Print

Income tax is a tax on income earned by a taxpayer in a given year. However, activity of a taxpayer may not always result in income. Certain activities may cause losses too. It would be unfair to tax a person on his income, while ignoring the loss. In recognition of this principle, there are elaborate […]

Treatment to be given to income from delivery based share transactions

February 23, 2009 1024 Views 0 comment Print

Gopal Purohit v. JCIT- The delivery based transaction should be treated as of the nature of investment transactions and profit there from should be treated as short-term capital gain or long term capital gain depending upon the period of holding; employment of an infrastructure so as to keep a track of the developments in the share market cannot turn an investment activity into a business activity.

Applicability of section 50C of IT Act in case consideration declared by assessee is accepted by Stamp Valuation Authority

February 18, 2009 3417 Views 0 comment Print

“50C Special provision for full value of consideration in certain cases – (1) Where the consideration received or accruing as a result of the transfer by an assessee of a capital asset, being land or building or both, is less than the value adopted or assessed by any authority of a State Government (hereinafter in this section referred to as the `Stamp Valuation authority’ for the purpose of payment of stamp duty in respect of such transfer

Ramalinga Raju under lens for capital gains tax fraud

January 27, 2009 381 Views 0 comment Print

The tax authorities are taking a hard look at how the disgraced promoter of Satyam Computer Services, B Ramalinga Raju, used money raised through pledging of shares. The move will enable the income-tax department to trace some of the undisclosed income of Mr Raju, his family members and their investment firms—an exercise that is distinctly […]

Supreme Court dismissed USD two billion Vodafone capital gains tax case

January 24, 2009 477 Views 0 comment Print

THE Supreme Court today simply dismissed the much-hyped USD two billion Vodafone capital gains tax case at the admission stage itself. Before rejecting the SLP, the Bench asked the assesee – why did they not furnish the copy of their original agreement to the Court and also to the Revenue? In reply the assessee spoke about their delayed offer and promised to make the same available any time.

The option to or not to avail the benefit of indexation for the computation of capital gains on the transfer of each of the long term capital asset is with the assessee

November 22, 2008 5775 Views 0 comment Print

Mohanlal N. Shah HUF v ACIT – The option to or not to avail the benefit of indexation for the computation of capital gains on the transfer of each of the long term capital asset is with the assessee as provided in section 48; it is only after computing the capital gains as per section 48, can it be aggregated by setting off the loss under section 70 and it is then that the rate of tax as provided under section 112 is applied.

Larger SC Bench Reverses Law on Penalty & Circulars

October 24, 2008 654 Views 0 comment Print

In a crucial judgment on the scope of penalty provisions in tax and other civil liability laws, the Supreme Court has significantly broadened their scope (Union of India v. Dharmendra Textile Processors, CA Nos. 10289 – 10303 of 2003, decided on September 29, 2008, per Pasayat J.). The judgment of the three-judge Bench on a reference from a Division Bench overrules the important decision in Dilip Shroff v. JCIT. The following is an argument that it has done so unsatisfactorily.

Half-Yearly Audit Rule Puts Small Broking Companies in a Spot

September 12, 2008 606 Views 0 comment Print

The decision to make half-yearly internal audits obligatory for stock broking houses spells doom for smaller firms that are already burdened with low-trading turnover, dipping revenues and increased policy levies. According to a section of brokers, half-yearly internal audits will not only be difficult to implement, but also make a dent in their earnings kitty.

A transaction fully supported by documentary evidences cannot be brushed aside on suspicion & surmises

August 26, 2008 1473 Views 0 comment Print

Unlock the Calcutta High Court’s perspective on Section 68 and Bogus Capital Gains from Penny Stocks in the case of CIT Vs. M/s. Alpine Investments. Dive into the court’s thorough examination of the matter, emphasizing the significance of documented evidence such as contract notes and bills in supporting share transactions. Despite initial suspicions, the Tribunal dismissed the appeal (ITA No.620 of 2008), asserting that transactions backed by strong documentary evidence cannot be dismissed on mere suspicion. Explore the detailed order/judgment to understand the court’s reasoning, background of the case, the search and seizure operation, and subsequent assessment proceedings. Gain valuable insights into how the court weighed conflicting statements, including the deposition of Mr. Kamlesh A. Rupani, and upheld the authenticity of share transactions. Stay informed about the court’s dismissal of any substantial question of law in this matter.

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