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Capital Gain

Latest Articles


Interplay of Section 45(5A) (JDAs) with RERA & Capital Gains Timing Issues

Income Tax : The article explains how Section 45(5A) shifted the capital gains trigger for landowners from JDA execution to issuance of the com...

May 14, 2026 618 Views 0 comment Print

Unlisted Bonds Lose LTCG Benefit; No Capital Gains Exemption for Depreciable Assets under Income Tax Act 2025

Income Tax : The new law treats gains from depreciable assets as short-term capital gains for all purposes, not merely for computation. This ef...

May 6, 2026 654 Views 0 comment Print

Buyback Tax Reset: Promoter Penalty and New Capital Gains Framework

Income Tax : The reform replaces dividend-based taxation with capital gains to ensure only real income is taxed. It removes the distortion of t...

April 17, 2026 825 Views 0 comment Print

Buyback Tax Reset: Promoter Penalty and New Capital Gains Framework

Income Tax : Establishes that higher tax burdens on promoters under the new regime require companies to reassess payout strategies. The takeawa...

April 16, 2026 681 Views 0 comment Print

Slump Sale Taxation of Branch or Business Transfer: Section 50B, Rule 11UAE, Net Worth, Capital Gains & GST

Income Tax : The distinction between slump sale and itemised asset sale determines how capital gains are taxed. A true slump sale applies Secti...

April 14, 2026 996 Views 0 comment Print


Latest News


India–France DTAA Amended to Grant Source Country Taxing Rights on Share Capital Gains

Income Tax : India and France have signed a protocol granting full taxing rights on capital gains from share sales to the country of company re...

February 24, 2026 1257 Views 0 comment Print

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 5127 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 6678 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 3057 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 3096 Views 0 comment Print


Latest Judiciary


Bangalore ITAT Grants Relief in Section 50C Addition – DVO Valuation in Co-Owner’s Case Accepted Over Stamp Duty Value

Income Tax : The ITAT ruled that the Assessing Officer wrongly adopted the stamp duty valuation despite contrary valuation material on record. ...

May 20, 2026 159 Views 0 comment Print

Multiple Houses Eligible for Section 54 Relief Prior to 01.04.2015: ITAT Delhi

Income Tax : Delhi ITAT held that before the amendment effective from 01.04.2015, exemption under Section 54 could be claimed for investment in...

May 19, 2026 66 Views 0 comment Print

Section 54 Exemption Allowed as Investment Was Made Within 2 Years Despite No CGDS Deposit

Income Tax : ITAT Indore held that Section 54 exemption cannot be denied merely for failure to deposit capital gains in the Capital Gain Deposi...

May 18, 2026 396 Views 0 comment Print

Chennai ITAT Grants Full Foreign Tax Credit Despite Lower FTC Claim in Form 67 – Procedural Lapse Cannot Defeat Substantive Relief

Income Tax : The Tribunal ruled that delayed filing or incorrect disclosure in Form 67 does not automatically disentitle an assessee from claim...

May 18, 2026 132 Views 0 comment Print

Agricultural Land Also Covered by Section 56(2)(x) – ITAT Upholds Addition Based on DVO Valuation

Income Tax : The Tribunal upheld tax addition where agricultural land was acquired below stamp duty valuation and DVO-determined fair market va...

May 16, 2026 462 Views 0 comment Print


Latest Notifications


Government Expands Bank Network for Capital Gains Accounts

Income Tax : The government has authorised all non-rural branches of 19 banks to operate Capital Gains Account Scheme accounts, enhancing taxpa...

November 19, 2025 1383 Views 0 comment Print

Capital Gains Accounts (Second Amendment) Scheme, 2025

Income Tax : The amendment introduces electronic payment modes for capital gains deposits and clarifies the effective date of deposit. It enhan...

November 19, 2025 2943 Views 0 comment Print

IREDA Bonds: New Long-Term Asset for Section 54EC Tax Exemption

Income Tax : Ministry of Finance notifies IREDA bonds issued post-July 9, 2025, as long-term specified assets under Section 54EC for income tax...

July 9, 2025 1068 Views 0 comment Print

CBDT notifies Cost Inflation Index for F.Y. 2025-26

Income Tax : Ministry of Finance announces amendment to Section 48 of the Income-tax Act, 1961, introducing a new cost inflation index effectiv...

July 1, 2025 17457 Views 2 comments Print

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 56679 Views 0 comment Print


Exemption u/s 10(38) denied based on principle of fraud

December 5, 2022 2157 Views 0 comment Print

ITAT Pune denied exemption of capital gain under section 10(38) of the Income Tax Act by applying principle of fraud as the transaction of purchase and sale of shares were construed with the intention to bring undisclosed income into books of accounts.

Article 13(4) of DTAA benefit is available on entire STCG/ LTCG before setting off brought forward STCG/LTCG

November 23, 2022 2244 Views 0 comment Print

ITAT Mumbai held that assessee is entitled to claim benefit of Article 13(4) of DTAA in respect of entire current year Short/Long Term Capital Gains, without setting of the Brought Forward Short/Long Term Capital Gains.

Methods of ‘Transfer of Property’ – its ‘Legal’ &‘Tax’ consequences

November 20, 2022 35784 Views 4 comments Print

Understand the legal and tax consequences of different methods of property transfer. Learn about the Transfer of Property Act and its implications.

Rural agricultural land converted for non-agricultural purposes but factually continued to be used for agriculture is not a capital asset in spite of conversion

November 19, 2022 4347 Views 0 comment Print

Rural agricultural land converted for non-agricultural purposes but factually continued to be used for agriculture is not a capital asset in spite of conversion

Capital Gain Tax on Agriculture Land

November 18, 2022 44826 Views 0 comment Print

Understand the concept of capital gains tax on agricultural land as per the Income Tax Act. Learn about the definitions and exemptions related to capital assets.

LTCG on land co-owned cannot be assessed in the hands of single owner

November 16, 2022 2010 Views 0 comment Print

ITAT Chennai held that assessment of Long Term Capital Gain entirely in the hands of assessee instead of all the co-owners of the land is unsustainable in law. LTCG should be assessed in the exact proportion to the extent the land belongs to each such co-owners.

ITAT upheld addition for LTCG of accommodation/bogus entries through penny stock companies

November 16, 2022 3255 Views 0 comment Print

Manish Goel Vs ITO (ITAT Kolkata) ITAT find that in the case of Swati Bajaj (supra), the facts before the Hon’ble Jurisdictional High Court, were that the assessee has claimed exempt income under section 10(38) of the Act at Rs.28,23,500/- from sale of equity shares of a listed company namely Surabhi Chemicals & Investment Limited. […]

Consideration Received On Relinquishment of Property would be subjected to Tax As Capital Gains: ITAT

November 5, 2022 7311 Views 0 comment Print

The ITAT while dismissing the assessees appeal observed that the assessee has transferred his share of right and interest over the property in favour of his father through relinquishment deed dated 14.10.2014, which is after entering into sale agreement on 28.1.2014 and as per section 2(47)(i) of the  Income Tax Act, transfer in relation to a capital asset, includes, the sale, exchange or relinquishment of assets. Therefore, the Order of AO wherein it was held that the assessee could not claim any exemption on the capital gains was upheld.

Capital gain computable as per amended proviso to section 50C despite receipt of 99% of payment by cheque

November 3, 2022 1968 Views 0 comment Print

ITAT Ahmedabad held that when genuineness of the transaction is proved and more than 99% of the payment was received by cheque, capital gain on sale of property should be computed by applying amended proviso to section 50C of the Income Tax Act.

Section 54 exemption cannot be denied to HUF merely for purchase of property in the name of member

October 17, 2022 8121 Views 0 comment Print

ITO Vs Shri Ramesh Kumar (HUF) (ITAT Bangalore) It should be kept in mind that the Hindu Law does not recognize a joint Hindu family or coparcenery as a juristic personality capable of holding property and as an entity separate from the members of the family. The true position in law is that all the […]

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