Capital Gain - Page 40

Brief of FA 2016, passed in Lok Sabha:- Direct Tax and Service Tax

Brief of Finance Act 2016, passed in Lok Sabha:- Direct Tax and Service Tax.The Finance Budget 2016 has been passed in Lok Sabha on 05 May 2016 with few amendments. The president assented the finance bill on 14 May 2016. The following are the major highlights of Finance Act, 2016...

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Transfer of Securities whether to be considered as Capital Gain or Business Income

It has been a constant tug of war between assessee and tax authorities on the classification of gains arising on the transfer of shares/securities as ‘capital gains’ or ‘business income’. Due to the lower tax incidence on ‘capital gains’, taxpayers prefer a ‘capital gains’ classification, while tax authorities usually atte...

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Posted Under: Service Tax |

Tax on Income/Loss arising from Transfer of Unlisted Shares-reg.

CBDT, vide order dated 2nd May, 2016 has given direction to field formation, with a view to avoid disputes/Litigation and to maintain uniform approach that the income arising from transfer of unlisted shares, irrespective of period of holding, would be taxable under the head ‘Capital Gain’ except in certain circumstances where the Ass...

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Posted Under: Service Tax |

Gain on sale of unlisted share to be considered as Capital Gain

Letter F.No.225/12/2016/ITA.II (02/05/2016)

For determining the tax-treatment of income arising from transfer of unlisted shares for which no formal market exists for trading, a need has been felt to have a consistent view in assessments pertaining to such income. It has, accordingly, been decided that the income arising from transfer of unlisted shares would be considered under th...

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Business Transactions Vs. Investment Transactions

The income arising from Sale of Shares/Debentures or other securities and real estate business will be determined and taxed on the basis, whether they are Capital Asset or Business Asset. It is important to determine, whether the income is generated from Capital Assets or from Business Assets and be determined as Capital Gain or Income fr...

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Posted Under: Service Tax |

Tax treatment of share profits- Business income vs. Capital gains

The present tax laws of India provides for taxation of income under specified heads. Any income for which a specific head is specified has to be taxed under the head and cannot generally be taxed under any other head. However since law cannot provide for every eventually, disputes arise as to whether a particular income shall be taxable u...

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Posted Under: Service Tax |

Tax Treatment of Breakdown of Joint Development Agreement

In this article we shall discuss tax liabilities in case of breakdown of Joint Development Agreements or Arrangements in the hand of land owner as well as developer. In some cases a Joint Development Arrangement, breaks down due to dispute between the parties before completion of the project or before project reaches a reasonable stage. ...

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Posted Under: Service Tax |

How to determine holding period of converted shares / Debentures

Notification No. 18/2016- Income Tax (17/03/2016)

In the case of a capital asset, being a share or debenture of a company, which becomes the property of the assessee due to conversion, there shall be included the period for which the bond, debenture, debenture-stock or deposit certificate, as the case may be, was held by the assessee prior to the conversion....

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Tax incentives for start-ups in Union Budget 2016

With a view to providing an impetus to start-ups and facilitate their growth in the initial phase of their business, it is proposed to provide a deduction of one hundred percent of the profits and gains derived by an eligible start-up from a business involving innovation development, deployment or commercialization of new products, proces...

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Posted Under: Service Tax |

Budget 2016- Tax Incentives for Start-ups

Finance Minister, in his budget speech, has proposed many incentives to encourage entrepreneurship in India. Some of the tax measures which will be beneficial for new start-ups are as follows- Optional lower tax rate of 25% for newly setup manufacturing companies. Hundred percent deduction of profits for three years (Proposed new Sec...

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August 2020