CAPITAL GAINS 4.

451

.
Q-1

Ms. Usha purchases 1,000 equity shares in X Ltd., an unlisted company, at a cost of
` 30 per share (brokerage 1%) in January 1996. She gets 100 bonus shares in August
2000. She again gets 1100 bonus shares by virtue of her holding on February 2006. Fair
market value of the shares of X Ltd. on April 1, 2001 is ` 80.
On 1st January 2021, she transfers all her shares @ ` 200 per share (brokerage 2%).
Compute the capital gains taxable in the hands of Ms. Usha for the A.Y. Cost Inflation
Index for F.Y. 2001-02: 100, F.Y.2005-06: 117& F.Y.2020-21: 301.
SOLUTION
Computation of capital gains for the A.Y. 2020-21

Particulars `
1000 Original shares
Sale proceeds (1000 × ` 200) 2,00,000
Less : Brokerage paid (2% of ` 2,00,000) 4,000
Net sale consideration 1,96,000
Less : Indexed cost of acquisition [` 80 × 1000 × 301/100] 2,40,800
Long term capital loss (A) (44,800)
100 Bonus shares
Sale proceeds (100 × ` 200) 20,000
Less : Brokerage paid (2% of ` 20,000) 400
Net sale consideration 19,600
Less : Indexed cost of acquisition [80 × 100 ×301/100] [See Note 24,080
below]
Long term capital loss (B) (4,480)
1100 Bonus shares
Sale proceeds (1100 × 200) 2,20,000
Less: Brokerage paid (2% of 2,20,000) 4,400
Net sale consideration 2,15,600
Less: Cost of acquisition NIL
Long term capital gain (C) 2,15,600
Long term capital gain (A+B+C) 1,66,320
Note: Cost of acquisition of bonus shares acquired before 1.4.2001 is the FMV as on
1.4.2001 (being the higher of the cost or the FMV as on 1.4.2001).
 4.450 INCOME TAX LAW

-2
Q -2
Mr. R holds 1000 shares in Star Minus Ltd., an unlisted company, acquired in the year
2001-02 at a cost of ` 75,000. He has been offered right shares by the company in the
month of August, 2019 at ` 160 per share, in the ratio of 2 for every 5 held. He retains
50% of the rights and renounces the balance right shares in favour of Mr. Q for ` 30 per
share in September 2020. All the shares are sold by Mr. R for ` 300 per share in January
2021 and Mr. Q sells his shares in December 2020 at ` 280 per share.
What are the capital gains taxable in the hands of Mr. R and Mr. Q?
Financial year Cost Inflation Index
2001-02 100
2020-21 301

Computation of capital gains in the hands of Mr. R for the A.Y.2021-22

Particulars `
1000 Original shares
Sale proceeds (1000 × 300) 3,00,000
Less : Indexed cost of acquisition [75,000 × 301/100] 2,25,750
Long term capital gain (A) 74,250
200 Right shares
Sale proceeds (200 × 300) 60,000
Less : Cost of acquisition [`160 × 200] [Note 1] 32,000
Short term capital gain (B) 28,000

Sale of Right Entitlement

Sale proceeds (200 × ` 30) 6,000
Less : Cost of acquisition [Note 2] NIL
Short term capital gain (C) 6,000
Capital Gains (A+B+C) 1,08,250

Note 1: Since the holding period of right shares is not more than 24 months, theyare
short term capital assets and hence cost of acquisition will not be indexed.
Note 2: The cost of the rights renounced in favour of another person for a
consideration is taken to be nil. The consideration so received is taxed as short- term
capital gains in full. The period of holding is taken from the date of the rights offer to
the date of the renouncement.
Computation of capital gains in the hands of Mr. Q for the A.Y.2021-22
 CAPITAL GAINS 4.451

Particulars `
200 shares
Sale proceeds (200 × ` 280) 56,000
Less: Cost of acquisition [200 shares × (30 +160)] [See Note 38,000
below]
Short-term capital gain 18,000

Note: The cost of the rights is the amount paid to Mr. R as well as the amount paidto
the company. Since the holding period of these shares is not more than 24 months,
they are short term capital assets.
-3
Q -3
X & sons, HUF, purchased a land for ` 1,20,000 in the P.Y. 2002-03. In the P.Y. 2006- 07,
a partition takes place when Mr. A, a coparcener, is allotted this plot valued at ` 1,50,000.
In P.Y. 2007-08, he had incurred expenses of ` 2,35,000 towards fencing of the plot. Mr.
A sells this plot of land for ` 15,00,000 in P.Y. 2020-21 after incurring expenses to the
extent of ` 20,000. You are required to compute the capital gain for the A.Y.2021-22.

Financial year Cost Inflation Index

2002-03 105
2006-07 122
2007-08 129
2020-21 301

Computation of taxable capital gains for the A.Y.2020-21

Particulars ` `
Sale consideration 15,00,000
Less: Expenses incurred for transfer 20,000
14,80,000
Less: (i) Indexed cost of acquisition (1,20,000  344000
301/105)
(ii) Indexed cost of improvement (2,35,000  548333 892333
301/129)
Long term capital gains 587667
Q-4
Mr. B purchased convertible debentures for ` 5,00,000 during August 2002. The
debentures were converted into equity shares in September 2012. These shares were sold
for ` 15,00,000 in August, 2020. The brokerage expenses are ` 50,000. You are required
to compute the capital gains in case of Mr. B for the assessment year 2021-22.
Financial Year Cost Inflation Index
2002-03 105
2012-13 200
2020-21 301
 4.450 INCOME TAX LAW
SOLUTION
Computation of Capital Gains of Mr. B for the A.Y.2021-22

Particulars `
Sale consideration 15,00,000
Less: Expenses on transfer i.e. Brokerage paid 50,000
Net consideration 14,50,000
Less: Indexed cost of acquisition (` 5,00,000  301/105) 14,33,333
Long term capital gain 16,667
Note: For determining the period of holding of a capital asset, being a share of a
company, which becomes the property of the assessee by way of conversion of debentures
of that company, the period for which the debenture was held by the assessee before
conversion shall also be considered.
Q-5
Mr. C purchases a house property for ` 1,06,000 on May 15, 1975. The following expenses
are incurred by him for making addition/alternation to the house property:

Particulars `
a. Cost of construction of first floor in 1982-83 3,10,000
b. Cost of construction of the second floor in 2002-03 7,35,000
c. Reconstruction of the property in 2012-13 5,50,000

Fair market value of the property on April 1, 2001 is ` 8,50,000. The house property
is sold by Mr. C on August 10, 2020 for ` 68,00,000 (expenses incurred on transfer:
` 50,000). Compute the capital gain for the assessment year 2021-22.

Financial year Cost Inflation Index

2001-02 100
2002-03 105
2012-13 200
2020-21 301
9

Computation of capital gain of Mr. C for the A.Y.2021-22

Particulars ` `
Gross sale consideration 68,00,000
Less: Expenses on transfer 50,000
Net sale consideration 67,50,000
Less: Indexed cost of acquisition (Note 1) 25,58,500
Less: Indexed cost of improvement (Note 2) 29,34,750 54,93,250
Long-term capital gain 12,56,750
 CAPITAL GAINS 4.451

SOLUTION

Notes:
Indexed cost of acquisition: ` 8,50,000 × 301/100 = `25,58,500
Fair market value on April 1, 2001 (actual cost of acquisition is ignored as it is lower
than market value on April 1, 2001.)
Indexed cost of improvement is determined as under:

Particulars `
Construction of first floor in 1982-83 Nil
(expenses incurred prior to April 1, 2001 are not considered)
Construction of second floor in 2002-03 (i.e., ` 7,35,000 21,07,000
301/105)
Alteration/ reconstruction in 2012-13 (i.e., ` 5,50,000 301/200) 827,750
Indexed cost of improvement 29,34,750

Q-6
Mr. Dinesh received a vacant site as gift from his friend in November 2005. The site was
acquired by his friend for ` 7,00,000 in April 2002. Dinesh constructed a residential
building during the year 2010-11 in the said site for ` 15,00,000. He carried out some
further extension of the construction in the year 2012-13 for ` 5,00,000.
Dinesh sold the residential building for ` 55,00,000 in January 2021 but the State stamp
valuation authority adopted ` 65,00,000 as value for the purpose of stamp duty.
Compute his long-term capital gain, for the assessment year 2021-22 based on the
above information. The cost inflation indices are as follows:

Financial Year Cost inflation index

2002-03 105
2005-06 117
2010-11 167
2012-13 200
2020-21 301
 4.450 INCOME TAX LAW

SOLUTION
Computation of long term capital gain of Mr. Dinesh for the A.Y. 2021-22

Particulars ` `
Full value of consideration (Note 1) 65,00,000
Less: Indexed cost of acquisition-land (` 7,00,000  20,06,667
301/105) (Note 2 & 3)
Indexed Cost of acquisition-building 27,03,593
(` 15,00,000  301/ 167) (Note 3)
Indexed Cost of improvement-building
(` 5,00,000x 301/200) 7,52,500 54,62,760
Long-term capital gain 10,37,240

Notes:
1. As per section 50C, where the consideration received or accruing as a result of
transfer of a capital asset, being land or building or both, is less than the value
adopted by the Stamp Valuation Authority, such value adopted by the Stamp
Valuation Authority shall be deemed to be the full value of the consideration
received or accruing as a result of such transfer. Accordingly, full value of
consideration will be ` 65 lakhs in this case since the stamp duty value exceeds
110% of the sales consideration.
2. Since Dinesh has acquired the asset by way of gift, therefore, as per section 49(1),
cost of the asset to Dinesh shall be deemed to be cost for which the previous
owner acquired the asset i.e., ` 7,00,000, in this case.
3. Indexation benefit is available since both land and building are long-term capital
assets. However, as per the definition of indexed cost of acquisition under clause
ALTERNATIVE VIEW
(iii) of Explanation below section 48, indexation benefit for land will be available
only from the previous year in which Mr. Dinesh first held the land i.e., P.Y. 2005-
06.
 CAPITAL GAINS 4.451

-7
Q -7
Mr. Kay purchases a house property on April 10, 1992 for ` 65,000. The fair market value
of the house property on April 1, 2001 was ` 2,70,000 and stamp duty was Rs.3,00,000.
On August 31, 2003, Mr. Kay enters into an agreement with Mr. Jay for sale of such
property for ` 3,70,000 and received an amount of ` 60,000 as advance. However, as Mr.
Jay did not pay the balance amount, Mr. Kay forfeited the advance. In May 2008, Mr. Kay
constructed the first floor by incurring a cost of ` 2,35,000. Subsequently, in January
2009, Mr. Kay gifted the house to his friend Mr. Dee. On February 10, 2021, Mr. Dee sold
the house for ` 12,00,000.
CII for F.Y. 2003-04: 109; 2008-09: 137; 2020-21: 301.
Compute the capital gains in the hands of Mr. Dee for A.Y.2021-22.
SOLUTION
Computation of taxable capital gains of Mr. Dee for A.Y.2021-22

Particulars ` `
Sale consideration 12,00,000
Less: Indexed cost of acquisition (See Note below) 8,12,700
Indexed cost of improvement (See Note below) 5,16,313 13,29,013
Long-term capital gain (1,29,013)

Note: For the purpose of capital gains, holding period is considered from the date on
which the house was purchased by Mr. Kay, till the date of sale. However, indexation
of cost of acquisition is considered from the date on which the house was gifted by
Mr. Kay to Mr. Dee, till the date of sale. i.e. from January 2009 (P.Y. 2008-09) to
February, 2021 (P.Y. 2020-21).
Indexed cost of acquisition = (` 2,70,000 × 301/100) = ` 8,12,700

Indexed cost of improvement = (` 2,35,000 × 301/137) = ` 5,16,313

Amount forfeited by previous owner, Mr. Kay, shall not be deducted from cost of
acquisition.
Note – In case Mr. Kay had gifted the house to his friend Mr. Dee on or after 1.10.2009,
the stamp duty value of the property which was subject to tax in the hands of Mr. Dee
under section 56(2) would be deemed to be the cost of acquisition for computation of
capital gains.
 4.450 INCOME TAX LAW

-8
Q -8
Mr. X purchases a house property in December 1993 for ` 5,25,000 and an amount of
` 1,75,000 was spent on the improvement and repairs of the property in March, 1997. The
property was proposed to be sold to Mr. Z in the month of May, 2006 and an advance of`
40,000 was taken from him. As the entire money was not paid in time, Mr. X forfeited the
advance and subsequently sold the property to Mr. Y in the month of March, 2021 for`
52,00,000. The fair value of the property on April 1, 2001 was ` 11,90,000 and stamp duty
was Rs.12,00,000. What is the capital gain chargeable in the hands of Mr. X for the A.Y.
2021-22?

Financial year Cost Inflation Index

2001-02 100
2006-07 122
2020-21 301

SOLUTION
Capital gains in the hands of Mr. X for the A.Y.2021-22 is computed as under:

Particulars `
Sale proceeds 52,00,000
Less : Indexed cost of acquisition [Note 1] 34,61,500
Indexed cost of improvement [Note 2] -
Long term capital gains 17,38,500
Note 1: Computation of indexed cost of acquisition

Cost of acquisition (higher of (Lower of stampduty or fair market 11,90,000

value as on April 1, 2001) and the actual cost of acquisition)
Less : Advance taken and forfeited 40,000
Cost for the purposes of indexation 11,50,000
Indexed cost of acquisition (` 11,50,000 x 301/100) 34,61,500

Note 2: Any improvement cost incurred prior to 1.4.2001 is to be ignored.

 CAPITAL GAINS 4.451

-9
Q -9
Mr. Kumar has purchased an agricultural land costing ` 6 lakh in Lucknow on 1.4.2002
and has been using it for agricultural purposes since its purchased till 1.8.2011 when the
Government took over compulsory acquisition of this land. A compensation of ` 12 lakh
was settled. The compensation was received by Mr. Kumar on 1.7.2020.
Compute the amount of capital gains taxable in the hands of Mr. Kumar.
Cost Inflation Index: 2002 – 03: 105, 2011-12: 184, 2020-21: 301
SOLUTION
In the given problem, compulsory acquisition of an urban agricultural land has taken
place and the compensation is received after 1.4.2004. This land had also been used
for at least 2 years by the assessee himself for agricultural purposes. Thus, as per
section 10(37), entire capital gains arising on such compulsory acquisition will be fully
exempt and nothing is taxable in the hands of Mr. Kumar in the year of receipt of
compensation i.e. A.Y.2021-22.

Q-10
Will your answer be any different if Mr. Kumar had by his own will sold this land to his
friend Mr. Sharma? Explain.
SOLUTION
As per section 10(37), exemption is available if compulsory acquisition of urban
agricultural land takes place. Since the sale is out of own will and desire, the provisions
of this section are not attracted and the capital gains arising on such sale will be taxable
in the hands of Mr. Kumar.
Q-11
Will your answer be different if Mr. Kumar had not used this land for agricultural
activities? Explain and compute the amount of capital gains taxable in the hands of Mr.
Kumar, if any.
SOLUTION

As per section 10(37), exemption is available only when such land has been used
for agricultural purposes during the preceding two years by such individual or a parent
of his or by such HUF. If the assessee has not used it for agricultural activities, the
provisions of this section are not attracted and the capital gains arising on such
compulsory acquisition will be taxable in the hands of Mr. Kumar in the year of receipt
of compensation i.e., A.Y. 2021-22

(p.t.o)
 4.450 INCOME TAX LAW
Computation of capital gains

Particulars Amount (`)

Sales consideration 12,00,000
Less: Cost of acquisition (6,00,000 x 184/105) 10,51,428
Long term capital Gains 1,48,572

Q-12
Will your answer be different if the land belonged to ABC Ltd. and not Mr. Kumar and
compensation on compulsory acquisition was received by the company? Explain.
SOLUTION
Section 10(37) exempts capital gains arising to an individual or a HUF from transfer of
agricultural land by way of compulsory acquisition. If the land belongs to ABC Ltd., a
company, the provisions of this section are not attracted and the capital gains arising
on such compulsory acquisition will be taxable in the hands of ABC Ltd.

Q-13
From the following particulars, compute the taxable capital gains of Mr. D for
A.Y.2021-22

Cost of jewellery [Purchased in F.Y.2004-05] ` 4,52,000

Sale price of jewellery sold in January 2021 ` 15,50,000
Expenses on transfer ` 7,000
Residential house purchased in March 2021 ` 5,00,000
The cost inflation Index are as follows:

Financial Year Cost Inflation Index

2004-05 113
2020-21 301

SOLUTION
 CAPITAL GAINS 4.451
Computation of taxable capital gains for A.Y.2021-22
Particulars `
Gross consideration 15,50,000
Less: Expenses on transfer 7,000
Net consideration 15,43,000
Less: Indexed cost of acquisition (` 4,52,000 × 301/113) 12,04,000
Long Term Capital Gain 3,39,000
Less: Exemption under section 54F (1,09,850)
(` 3,39,000 × ` 5,00,000/ ` 15,43,000)
Taxable capital gains 2,29,150

EXERCISE
Q-14
Mr. Roy, aged 55 years owned a Residential House in Ghaziabad. It was acquired by Mr.
Roy on 10-10-2007 for ` 24,00,000. He sold it for ` 65,00,000 on 4-11-2020. The stamp
valuation authority of the State fixed value of the property at
` 74,00,000. The assessee paid 2% of the sale consideration as brokerage on the sale of
the said property.
Mr. Roy acquired a residential house property at Kolkata on 10-12-2020 for
` 7,00,000 and deposited ` 3,00,000 on 10-4-2021 and ` 5,00,000 on 15-6-2021 in the
capital gains bonds of Rural Electrification Corporation Ltd. He deposited
` 4,00,000 on 6-7-2021 and ` 9,00,000 on 1-11-2021 in the capital gain deposit scheme
in a Nationalized Bank for construction of an additional floor on the residential house
property in Kolkata.
Compute the Capital Gain chargeable to tax for the Assessment Year 2021-22
and income-tax chargeable thereon assuming Mr. Roy has no other income.
Cost Inflation Index for Financial Year 2007-08: 129 and Financial Year 2020-21: 301
Answer
Computation of Capital Gains chargeable to tax in the hands of Mr. Roy
for the A.Y. 2021-22
Particulars ` `
 4.450 INCOME TAX LAW
Gross Sale Consideration on transfer of residential house 74,00,000
[As per section 50C, in case the stamp duty value fixed by
the stamp valuation authority exceeds 110% of actual sale
consideration, the stamp duty value shall be deemed as the
full value of consideration]
Less: Brokerage@2% of actual sale consideration of
` 65,00,000 1,30,000
Net Sale Consideration 72,70,000
Less: Indexed cost of acquisition [` 24,00,000 x 301/129] 56,00,000
Long-term capital gain 16,70,000
Less: Exemption under section 54
- Acquisition of residential house property at Kolkata on 7,00,000
10.12.2020 (i.e., within the prescribed time of two
years from 4.11.2020, being the date of transfer of
residential house at Ghaziabad).
- Amount deposited in Capital Gains Accounts Scheme
on or before the due date of filing return of income
for construction of additional floor on the residential
house property at Kolkata. Since Mr. Roy has no other
source of income, his due date for filing return of
income is 31st July, 2021
[Therefore, ` 4,00,000 deposited on 6.7.2021 will be
eligible for exemption whereas ` 9,00,000 deposited
on 1.11.2021 will not be eligible for exemption under 11,00,000
4,00,000
section 54]
Exemption under section 54EC
Amount deposited in capital gains bonds of RECL
within six months from the date of transfer (i.e., on
or before 3.5.2021) would qualify for exemption.
[Therefore, in this case, ` 3,00,000 deposited in
capital gains bonds of RECL on 10.4.2021 would be
eligible for exemption under section 54EC, whereas
` 5,00,000 deposited on 15.6.2021 would not qualify 3,00,000
for exemption]
Long-term capital gain 2,70,000
Total Income (Rounded off) 2,70,000
Computation of tax liability of Mr. Roy for A.Y. 2021-22
Particulars `
 CAPITAL GAINS 4.451
Tax on ` 20,000 (i.e., long term capital gain ` 2,70,000 less basic 4,000
exemption limit of ` 2,50,000) is charged @ 20% [Section 112]
(Since long-term capital gains is the only source of income, the entire
basic exemption limit can be exhausted against this income)
LESS: REBATE U/S 87A (4000)
NIL

Add: Health and education cess@4% NIL

Total tax liability Nil
Total tax liability (rounded off)
Note: As per the decision of Gauhati High Court in CIT vs Rajesh Kumar Jalan 286 ITR
274 and Haryana High Court in CIT vs Jagriti Agarwal 245 CTR 629, exemption under
section 54 is allowable even if the amount of capital gain is deposited in Capital Gains
Accounts Scheme within the period specified for filing a belated return under section
139(4) [i.e., on or before 31.3.2021].

If we apply the above interpretation in this case, Mr. Roy would be eligible for exemption
under section 54 in respect of ` 9,00,000 deposited in Capital Gains Accounts Scheme on
01.11.2021 also, since the said date falls within the time specified under section 139(4).
On the basis of this interpretation, the long term capital gain chargeable to tax in the
hands of Mr. Roy would be Nil and the consequent tax liability would also be Nil.
Question 15
Mr. Malik owns a factory building on which he had been claiming depreciation for the
past few years. It is the only asset in the block. The factory building and land appurtenant
thereto were sold during the year. The following details are available:

Particulars `
Building completed in September, 2009 for 10,00,000
Land appurtenant thereto purchased in April, 2002 for 12,00,000
Advance received from a prospective buyer for land in May, 2003, 50,000
forfeited in favour of assessee, as negotiations failed
WDV of the building block as on 1.4.2020 8,74,800
Sale value of factory building in November, 2020 8,00,000
Sale value of appurtenant land in November, 2020 40,00,000

The assessee is ready to invest in long-term specified assets under section 54EC, within
specified time.
Compute the amount of taxable capital gain for the assessment year 2021-22 and the
amount to be invested under section 54EC for availing the maximum exemption.
Cost inflation indices are as under:
 4.450 INCOME TAX LAW

Financial Year Cost inflation index

2002-03 105
2003-04 109
2020-21 301

Answer
Computation of taxable capital gain of Mr. Malik for A.Y.2021-22
Particulars ` `
Factory building
Sale price of building 8,00,000
Less: WDV as on 1.4.2020 8,74,800
Short-term capital loss on sale of building (-) 74,800
Land appurtenant to the above building
Sale value of land 40,00,000
Less: Indexed cost of acquisition (` 11,50,000 32,96,667
301/105)
Long-term capital gains on sale of land 7,03,333
Chargeable long term capital gain 6,28,533

Investment under section 54EC

In this case, both land and building have been held for more than 24 months and
hence, are long-term capital assets. Exemption under section 54EC is available if the
capital gains arising from transfer of a long-term capital asset, being land or building
or both are invested in long-term specified assets like bonds of National Highways
Authority of India and Rural Electrification Corporation Ltd. or bonds notified by
Central Government in this behalf, within 6 months from the date of transfer. As per
section 54EC, the amount to be invested for availing the maximum exemption is the
net amount of capital gain arising from transfer of long-term capital asset, which is `
6,28,533 (rounded off to `6,28,530) in this case.
Notes:
1. Where advance money has been received by the assessee, and retained by him,
as a result of failure of the negotiations, section 51 will apply. The advance retained
by the assessee will go to reduce the cost of acquisition. Indexation is to be done
on the cost of acquisition so arrived at after reducing the advance money forfeited
i.e. ` 12,00,000 – ` 50,000 = ` 11,50,000. It may be noted that in cases where the
advance money is forfeited during the previous year 2014- 15 or thereafter, the
amount forfeited would be taxable under the head “Income
 CAPITAL GAINS 4.451
from Other Sources” and such amount will not be deducted from the cost of
acquisition of such asset while calculating capital gains.
2. Factory building on which depreciation has been claimed, is a depreciable asset.
Profit / loss arising on sale is deemed to be short-term capital gain/loss as per
section 50, and no indexation benefit is available.
3. Land is not a depreciable asset, hence section 50 will not apply. Being a long- term
capital asset (held for more than 24 months), indexation benefit is available.
4. As per section 74, short term capital loss can be set-off against any income under
the head “Capital gains”, long-term or short-term. Therefore, in this case, short-
term capital loss of ` 74,800 can be set-off against long-term capital gain of `
7,03,333.
Question 16
Mr. ‘X’ furnishes the following data for the previous year ending 31.3.2010:
(a) Unlisted Equity Shares of AB Ltd., 10,000 in number were sold on 31.5.2020, at `
520 for each share.
(b) The above shares of 10,000 were acquired by ‘X’ in the following manner:
(i) Received as gift from his father on 1.6.2000 (5,000 shares) the fair market
value on 1.4.2001 ` 200 per share.
(ii) Bonus shares received from AB Ltd. on 21.7.2008 (2,000 shares).
(iii) Purchased on 1.2.2011 at the price of ` 350 per share (3,000 shares).
(c) Purchased one residential house at ` 26 lakhs, on 1.5.2021 from the sale proceeds
of shares.
(d) ‘X’ is already owning a residential house, even before the purchase of abovehouse.
You are required to compute the taxable capital gain. He has no other source of income
chargeable to tax.
(Cost Inflation Index – F.Y. 2008-09: 137; 2010-11: 167; F.Y. 2020-21: 301)
Answer
Computation of taxable capital gain of Mr. ‘X’ for A.Y. 2021-22
Particulars ` `
Sale consideration received on sale of 10,000 shares @ ` 52,00,000
500 each
Less: Indexed cost of acquisition
(a) 5,000 shares received as gift from father on 1.6.2000
 4.16 INCOME TAX LAW

Indexed cost 5,000 x `200 x 301/100 30,10,000

(b) 2,000 bonus shares received from AB Ltd Nil
Bonus shares are acquired on 21.7.2008 i.e. after
01.04.2001. Hence, the cost is Nil.
(c) 3000 shares purchased on 1.2.2011 @ `350 per
share. The indexed cost is (3000 x 350 x 301/167) 18,92,515 49,02,515
Long term capital gain 2,97,485
Less : Exemption under section 54F (See Note below)
` 2,97,485 x ` 26,00,000 / `52,00,000 1,48,743
Taxable long term capital gain 1,48,742
ROUNDED OFF 1,48,740
TAXABLE INCOME 1,48,740
Less:Shifting limit (1,48,740)
TOTAL TAX LIABILITY NILL

Note: Exemption under section 54F can be availed by the assessee subject to
fulfillment of the following conditions:
(a) The assessee should not own more than one residential house on the date of
transfer of the long-term capital asset;
(b) The assessee should purchase a residential house within a period of 1 year before
or 2 years after the date of transfer or construct a residential house within a period
of 3 years from the date of transfer of the long-term capital asset.
In this case, the assessee has fulfilled the two conditions mentioned above. Therefore,
he is entitled to exemption under section 54F.
Question 17
Mr. Kumar, aged 50 years, is the owner of a residential house which was purchased in
September, 2004 for ` 9,50,000. He sold the said house on 5th August, 2020 for
` 24,00,000. Valuation as per stamp valuation authority of the said residential house was
` 43,00,000. He invested ` 5,00,000 in NHAI Bonds on 12th January, 2021. He
purchased a residential house on 5th July, 2021 for ` 10,00,000. He gives other particulars
as follows:

Interest on Bank Fixed Deposit ` 32,000

Investment in public provident fund ` 50,000
You are requested to calculate the taxable income for the assessment year 2021-22 and
the tax liability, if any.
Cost inflation index for F.Y. 2004-05 and 2020-21 are 113 and 301, respectively.
Answer
Computation of total income of Mr. Kumar for the A.Y.2021-22
Particulars ` `
Capital Gains:
 CAPITAL GAINS 4.17
Sale price of the residential house 24,00,000
Valuation as per Stamp Valuation authority 43,00,000
(Value to be taken is the stamp duty value since it
exceeds 110% of the actual sale price as per section
50C)
Therefore, Consideration for the purpose of Capital 43,00,000
Gains
Less: Indexed Cost of Acquisition
` 9,50,000 x 301/113 25,30,531
17,69,469
Less: Exemption under section 54 ` 10,00,000
Exemption under section 54EC ` 5,00,000 15,00,000
Long-term capital gains 2,69,469
Income from other sources:
Interest on bank deposits 32,000
Gross Total Income 3,01,469
Less: Deduction under Chapter VI-A
Section 80C – Deposit in PPF (restricted to ` 32,000) 32,000
Total Income 2,69,469
Total Income (Rounded off) 2,69,470

Computation of Tax liability of Mr. Kumar for A.Y. 2021-22

Particulars `
Tax on ` 19469 @ 20% [i.e. long term capital gain less basic 3894
exemption limit (`2,69,470- ` 2,50,000)]
Less:Rebate u/s 87A (3894)
Add: Health and education Cess@4% on Nil

Tax Payable NIL

Tax Payable (Rounded off) NIL

Notes:
1. The basic exemption limit of ` 2,50,000 can be adjusted against long term
capital gains.
2. Deduction under section 80C should be restricted to gross total
income excluding long term capital gain.
Question 18
Mr. Martin, a resident individual, sold his residential house property on 08-06-2020 for
 4.18 INCOME TAX LAW
` 70 lakhs which was purchased by him for 20,50,000 on 05-05-2006.
He paid ` 1 lakh as brokerage for the sale of said property. The stamp duty valuation
assessed by sub registrar was ` 100 lakhs.
He bought another house property on 25-12-2020 for ` 15 lakhs.
He deposited ` 5 lakhs on 10-11-2020 in the capital gain bond of National Highway
Authority of India (NHAI).
He deposited another ` 10 lakhs on 10-07-2021 in the capital gain deposit scheme with
SBI for construction of additional floor of house property.
Compute income under the head "Capital Gains” for A.Y.2021-22 as per Income-tax Act,
1961 and also income-tax payable on the assumption that he has no other income
chargeable to tax.
Cost inflation index for Financial Year 2006-07: 122 and 2020-21: 301.

Answer

Computation of income under the head “Capital Gains” of Mr. Martin for
A.Y. 2021-22
Particulars ` `
Long-term capital gain
Full value of consideration 1,00,00,000
[As per section 50C, in case the actual sale consideration
(i.e., ` 70 lakhs, in this case) is less than the stamp duty
value (i.e., ` 100 lakhs, in this case) assessed by the stamp
valuation authority (Sub-registrar, in this case), the stamp
duty value shall be deemed as the full value of
consideration since it exceeds 110% of the sale
consideration]
Less: Expenses in connection with transfer (brokerage
paid for sale of property) 1,00,000
99,00 ,000
Less: Indexed cost of acquisition [` 20,50,000 x 50,57,787 48,42,213
301/122]
Less: Exemption under section 54:
- Purchase of new residential house property
within two years from the date of sale of
residential house 15,00,000
 CAPITAL GAINS 4.19
- Deposit in Capital Gains Accounts Scheme onor
before the due date of filing of return of
income u/s 139(1) for construction of
additional floor on such house property. 10,00,000
25,00,000
Exemption under section 54EC:
- Investment in capital gains bond of NHAI within 6
months from the date of transfer (i.e., before
8.12.2020) 5,00,000 30,00,000
Taxable Capital Gains/Total Income 18,42,213
Total Income (rounded off) 18,42,210

Computation of tax liability for A.Y. 2020-21

Particulars `
Tax on ` 15,92,210 @20% [i.e. long term capital gain less basic 3,18,442
exemption limit (` 18.42.210 - ` 2,50,000)] less:rebate u/s 87A (N.A)
Add: Health and education cess@4% 12,738
Tax payable 3,31,180

Note: Exemption under section 54 is available in respect of reinvestment of capital

gains on sale of residential house in one residential house in India. In this case,
exemption would be available for amount invested in purchase of new residential

house and amount deposited for construction of additional floor in the same house, since they
together constitute one residential house.