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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 4119 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


Deduction u/s 54F not deniable on ground of pre-owning of residential house in foreign

March 30, 2023 1071 Views 0 comment Print

ITAT Cochin held that as per condition mentioned in section 54F deduction is not available if the assessee owns more than one residential house, other than the new asset. The same should be interpreted to mean ownership of residential houses in India. Accordingly, deduction u/s. 54F not deniable if assessee owns two residential houses in USA

Capital gain on sale of land covered u/s 50C of Income Tax Act is to be assessed separately

March 28, 2023 990 Views 0 comment Print

ITAT Jaipur held that capital gain on sale of land as covered under the provisions of section 50C of the Income Tax Act is to be assessed separately.

Capital Gain Exemption on Sale of Property Under Section 54F – Landmark Judgements – Part 1

March 28, 2023 137877 Views 29 comments Print

Explore Section 54F of the Income Tax Act, unraveling tax exemptions on the sale of long-term properties, and delve into landmark judgments for comprehensive insights.

LTCG on Sale of Listed Equity Shares/Equity oriented Mutual Fund Units

March 26, 2023 7560 Views 0 comment Print

Understand the taxation of Long Term Capital Gains (LTCG) on the sale of listed equity shares or units of equity-oriented mutual funds under Section 112A of the Income Tax Act, 1961. Explore the tax rate of 10%, exemptions up to Rs 1,00,000, and the calculation of the cost of acquisition. Learn about the basic exemption limit benefit, treatment of deductions and investments, and the rebate on tax for residents earning total income up to Rs 5,00,000. Note that this information is for informational purposes and not solicitation.

House gifted to father ‘Colorable device’; Denies Section 54F benefit rightly

March 23, 2023 3456 Views 0 comment Print

Hyderabad ITAT held that gift of house to father just prior to sale of land was a camouflage to claim Section 54F deduction as Assessee owned two house properties

Property from ‘Will’ eligible for cost indexation from first owner’s acquisition date

March 23, 2023 4128 Views 0 comment Print

Mumbai ITAT holds that while computing capital gains arising on transfer of a capital asset received by the Assessee under a will, the indexed cost of acquisition has to be computed with respect to the year in which the first owner held the asset

How people try to evade tax but still lead to losses

March 19, 2023 4665 Views 2 comments Print

Under this option, Mr. X claim depreciation @ 10% each year by showing property as commercial and used for business purposes. Therefore, effectively, in 1St year, he has claimed depreciation of Rs 4 crores and save taxes of Rs 1.6 crores assuming tax rate is 40% (40% of Rs 4 Cr.) and so on in coming years accordingly.

Exemption u/s 54F not admissible on failure to prove construction of residential building within prescribed time

March 15, 2023 3057 Views 0 comment Print

ITAT Bangalore held that for claiming exemption under section 54F of the Income Tax Act, the assessee is required to furnish necessary evidence proving construction of the residential building within the period as enumerated in section 54F of the Act. As assessee failed to produce the same, exemption u/s 54F not available.

Income from sale of developed flat under Joint Development Agreement taxable as capital gain

March 15, 2023 5271 Views 0 comment Print

ITAT Bangalore held that income from sale of developed flat, obtained under Joint Development Agreement (JDA), is to be treated as income from short term capital gain/ long term capital gain and not as income from business.

TDS on RSU on Vesting & Capital Gains Tax on Sale of Vested RSU – A CRITIQUE

March 15, 2023 32415 Views 2 comments Print

Presently RSU (Restricted stock unit also known as Sweat Equity) allotted by a foreign grand parent company, free of cost to employee of Indian subsidiary, is being taxed as ‘perquisite’; and for the purpose, the FMV of the ‘vested units’, as on the date of vesting, is considered as the taxable perquisite value.

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