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Capital Gain

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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 399 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 465 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


Income-tax on buyback of shares by unlisted companies

April 9, 2020 51813 Views 6 comments Print

Under the existing provisions of the income-tax law, transfer of shares in an Indian company by a shareholder (which includes buy-back of shares under section 77A of the Companies Act, 1956) is subject to tax under the head capital gains.

All about shares: Short term, long term and losses set-off

April 6, 2020 22095 Views 3 comments Print

Everyone in India invest in stock market. If people don’t invest then atleast they read about stock market. There are many full time investors and traders also in stock market. People earn, make losses have long term investments in market and many more. This blog comes with the intention of all the taxes applicable on […]

Tax on Capital gain on sale of Assets by Charitable Trust/NGO

April 3, 2020 145952 Views 14 comments Print

The definition of income under section 2(24) includes Capital Gains and therefore for the purposes of section 11, Capital Gains should form part of the income and consequently it should be treated at par with any other income under section 11.

Tax planning by conversion of stock in trade into capital asset

April 1, 2020 52397 Views 12 comments Print

When a capital asset is converted into stock in trade then capital gain u/s 45(2) of Income Tax Act arises in the year of sale and not in the year of conversion. But in vice versa situation i.e conversion of stock in trade into capital asset there does not arise any capital gain. If an assessee is in the business of real estate and on closure of his business he retains the existing stock in trade of immovable properties of the business with him and holds it as investment then it will become his capital asset from the time of closure of his business.

No Capital Gain on Conversion of sole proprietary concern or firm into Company

April 1, 2020 48993 Views 0 comment Print

Where transfer of an asset from one person to another is not regarded as a transfer under section 47, then, for the purpose of computation of capital gains, the cost of the asset in the hands of the successor under section 49 is taken as that of the predecessor. Certain transactions like transfer of assets by a sole proprietorship or a firm to a company on conversion are not regarded as transfer under the provisions of section 47(xiv) and section 47(xiii). While computing capital gains on subsequent sale of such assets by the company, there is no reference in the provisions of section 49 with regard to the cost to be taken for such assets.

Mere permission to construct on land not results in transfer for capital gain tax

April 1, 2020 4920 Views 0 comment Print

SC held that, under the sale agreement, the Taxpayer had granted mere license to Vijay Shanthi Builders Ltd. which cannot be equated with possession of property which necessarily requires control over the property and not mere occupation and, hence, provisions of Transfer of Property Act, 1882 were not attracted.

S. 54F Exemption if house construction not completed within 3 Years?

March 27, 2020 80030 Views 27 comments Print

Mr. Sanghai had sold a commercial property, which was a long term asset and invested the same in purchase and construction of a flat in a apartment in Mumbai, within the one year of sale of asset and claimed deduction u/s 54F of income tax act, but later the builder has not completed the possession of the apartment within 3 years and the apartment remained under construction even after 3 years. The period of 3 years is lapsed without any mistake of Mr. Sanghai Now?

Eligibility of Interest on housing loan for double deduction

March 26, 2020 23860 Views 0 comment Print

Interest on housing loan which was claimed as a deduction under section 24(b) [while computing income from house property] was also deducted by the assessee under section 48 [as cost of acquisition while computing capital gains from sale of such house property].

Section 55 – Cost of Acquisition and Improvement

March 21, 2020 682224 Views 38 comments Print

Article explains What is meant by cost of acquisition (Section 55), Cost of Acquisition with Reference to Certain Modes of Acquisition (Section – 49), What is meant by cost of improvement, If the assessee acquires any asset by way of inheritance, partition of HUF or by any other mode specified in sec 49(1) and sec […]

Provisions relating to capital gains in case of depreciable assets

March 21, 2020 567178 Views 14 comments Print

According to section 50 of Income tax act if an assessee has sold a capital asset forming part of block of assets (building, machinery etc) on which the depreciation has been allowed under Income Tax Act, the income arising from such capital asset is treated as short term capital gain.

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