Module - 3 - Capital Gain
Module - 3 - Capital Gain
CAPITAL GAINS
MODULE –3
ASSESSMENT YEAR: 2022-23
Compiled by :
Dr.Umakanth.S, Dr.Supriya Rai & Manisha.T
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Table of Contents
Module – 3: CAPITAL GAINS ............................................................................. 1
3.1 Meaning [sec. 45] .......................................................................................................................1
3.2 Capital Gain is charged to tax u/s. 45, .........................................................................................1
3.3 CAPITAL ASSETS .........................................................................................................................1
3.3.1 However, the following items are excluded from the definition of "capital asset": ..............1
3.3.2 Types of Capital Assets .......................................................................................................2
3.3.3 Determine Long or Short-Term Capital Asset ......................................................................2
3.4 Cost of inflation Index (CII) .........................................................................................................2
3.5 Indexing at a glance u/s 48 (ii) ....................................................................................................3
3.6 Statement showing taxable capital gain .....................................................................................4
3.7 Tax on Short-Term and Long-Term Capital Gains ........................................................................4
3.8 Capital gain in case of Self-generated Assets ..............................................................................5
3.9 Cost Inflation Index (CII) .............................................................................................................5
3.10 Capital Gain Exemptions.............................................................................................................6
3.11 Problems on Capital Gains ........................................................................................................ 15
Acronyms
CII
Cost of Inflation Index
u/s
under section
UTI
Unit Trust of India
STT
Security Transaction Tax
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Module – 3: CAPITAL GAIN(S)
3.1 Meaning [sec. 45]
Any profit or gain earned from the transfer/sale of a Capital Asset. Profit or gains arising from the
transfer of a capital asset during the previous year is taxable as "Capital Gains" under section
45(1) of the Income Tax Act.
3.3.1 However, the following items are excluded from the definition of "capital asset":
Any stock-in-trade, consumable stores, or raw materials held by a person for his business or
profession.
Personal effects: being a movable property (excluding Jewellery, archaeological collections,
drawings, paintings, sculptures, or any work of art) like Furniture, Motor Car, A/C, wearing
apparel, Refrigerator, etc., held for the personal use of the Assessee or his family assets that
are movable including wearing apparels and furniture held for personal use.
Agricultural Land situated in India,
except those land situated Within the jurisdiction of the municipality, notified area
committee, town area committee, cantonment board have a population of 10,000 or
more;
Within a range of the following distance measured aerially from the local limits of
any municipality or cantonment board:
not being more than 2 KMs, if the population of such area is more than 10,000 but
not exceeding 1 lakh;
not being more than 6 KMs, if the population of such area is more than 1 lakh but
not exceeding 10 lakhs; or
Not being more than 8 KMs, if the population of such an area is more than 10
lakhs.
6% gold bonds, 1997 or 7% gold bonds 1980 or National defence gold bonds, 1980 issued
by the central government
Special Bearer Bonds-1991,
Gold deposit bonds issued under gold deposit scheme 1999
Deposit certificates issued under gold monetization scheme 2015
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
Short-term capital gains tax When securities transaction Taxed according to his income
tax is not applicable tax slab.
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
Long-term capital gains tax On the sale of listed Equity 10% over and above` 1 lakh and
shares/ units of equity
index benefit is not available
oriented fund
Note: 1. If Goodwill of a business or manufacturing rights is purchased and later on sold, the
purchase price will be taken as cost of Acquisition and the Cost of improvement will be nil.
Financial
2010-11 2011-12 2012-13 2013-14 2014-15 2015-16
Years
Cost Inflation
167 184 200 220 240 254
Index (CII)
Financial
2016-17 2017-18 2018-19 2019-20 2020-21 2021-22
Years
Cost
Inflation 264 272 280 289 301 317
Index (CII)
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
Applicability Individual
Asset Transferred Urban Agricultural Land used for agriculture by him or by his
Sec. 54B parents for two years immediately before the date of transfer.
Individual
Nature of the Asset Long Term or Short Term Capital Asset
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
Time Limit for Within Two Years from the date of transfer.
Sec. 54B Investment
Individual Unutilized Amount Ref Sec 54 unutilized amount
Holding Period of Three Years from the date of acquisition
New Asset
Sale of New Asset
within holding period Short Term Capital Gain computed as follows: Sale
Consideration of New Asset Less: Cost of Acquisition
reduced by Capital Gains exempted u/s 54B
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
Sale of New Asset Short Term Capital Gain computed as follows: Sale
within the holding Consideration of New Asset Less: Cost of Acquisition
period reduced by Capital Gains exempted
Time Limit for Within six months from the date of transfer.
Investment
Unutilized Amount Same as above
Holding Period of Three Years from the date of acquisition
New Asset
Sale of New Asset Short Term Capital Gain computed as follows: Sale
within the holding Consideration of New Asset Less: Cost of Acquisition
period reduced by Capital Gains exempted
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
Time Limit for Within six months from the date of transfer.
Investment
Unutilized Amount Same as above
Holding Period of Three Years from the date of acquisition
New Asset
Sale of New Asset Short Term Capital Gain computed as follows: Sale
within the holding Consideration of New Asset Less: Cost of Acquisition
period reduced by Capital Gains exempted
Condition On the date of the transfer of LTCA, the assessee should not
own more than one residential house.
New Asset to be Residential house Property
acquired
Amt to be invested in Net consideration on the earlier asset transferred
New Asset
Sec. 54F
Amount of LTCG X amount invested in residential property
Individual/HUF LT Exemption Net consideration (NSC)
Time Limit for (a) For Purchase: Within one year before or two years after
Investment the date of transfer
(b) For Construction: Within three years after the date of
transfer.
Unutilized Amount a) Same as above
b) The taxable amount for non-utilization of the deposit
will be
c) Amount not utilized x LTCG
Net consideration
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
Sale of New Asset Short Term Capital Gain shall be tax separately
within the holding Long term Capital Gains exempted will be chargeable to tax
period as LTCG
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
New Asset to be Land and Building, New P&M for Industrial purpose in
acquired SEZ or as prescribed by the Central Govt. to meet expenses
of shifting can be claimed.
Amount to be
invested in New Capital Gain on Transfer
Asset
a)Same as above
b) The amount should be utilized within the prescribed
Unutilized
period
Amount
c) The amount not utilized within the prescribed period shall
be treated as LTCG or STCG of the previous year in which
the prescribed period expires.
Holding Period of
New Asset Three Years from the date of acquisition
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
1) If net consideration is
morethan the cost of a
new asset:
Amt of exemption:
Amount of Exemption 𝐋𝐓𝐂𝐆𝐱𝐂𝐨𝐬𝐭𝐨𝐟𝐧𝐞𝐰𝐚𝐬𝐬𝐞𝐭
𝐧𝐞𝐭𝐜𝐨𝐧𝐬𝐢𝐝𝐞𝐫𝐚𝐭𝐢𝐨𝐧
2) If net consideration is Less or
equal to the cost of a new asset:
The whole amount of LTCG is
exempted
Three Years from the date of
Time Limit for Investment
acquisition
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
Cases in which the indexation of cost is not to be done while calculating long
term capital gain
1. Transfer of long term debentures or bonds other than capital indexed bonds issued by the
government
2. Transfer of soverign gold bond issued by RBI under the soverign gold bond scheme, 2015
5. Transfer of a long-term capital asset being an equity share in a company or a unit of an equity
oriented fund or a unit of a business trust
Indexing at a glance
Situation Indexing
1. Long term capital assets acquired before 1-4- Actual cost of FMV on 1-4-2001 (W.E is
2001 under gift, will, partition HUF, more) x CII of year of transfer / CII of 2001-
inheritance 2002 (i.e 100)
3. Long term capital assets acquired on or after Actual cost x CII of the year of transfer / CII of
1-4-2001 (not under any of the modes the year of acquisition
mentioned above)
cost of improvement incurred after 1-4-2001
Cost of improvement x CII of the year of
transfer / CII of the year of improvement
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
2. Sri an owner of three houses sells a residential house in Chennai for Rs.
10,00,000 on May 23rd 2021. This house was purchased by him on 01-04-2002 for
Rs. 2,00,000. On May 30th 2021, he purchased a flat in Mumbai for Rs. 8,70,000 for
the purpose of the residence of his son-in-law. On march 1st 2022 Sri sells the house
in Mumbai for Rs. 12,10,000.
Compute the capital gain arising on the two transactions. Is Sri eligible for
exemption U/s 54 in respect of the second sale?
Cost inflation index for the financial year 2002-2003 and 2021-2022 are 105 & 317
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
a. Mr.Yash sold an asset on 15-08-2021 (CII 317) for Rs. 3,50,000. The cost price
of the asset purchased on 11-02-1996 is Rs. 20,000. The fair market value of the
same on 01-04-2001 (CII-100) was Rs. 50,000. The income of Mr.Yash from other
sources during the previous year was Rs. 2,22,700
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
4. Mr.Ankit purchased a residential house during the previous year 2001-2002 for
Rs. 40,00,000 & sold it for 2.10 crores during the previous year 2021-2022. He
purchased two houses worth Rs. 38,00,000 each on February 21 st 2022. Calculate
taxable capital gain U/s 54 for the assessment year 2022-2023
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
5. Mr.Puneeth Raj sold a plot of land at jaipur on 01-06-2021 (CII=317) for Rs.
16,40,000. He paid Rs 40,000 as selling expenses. The plot was received by him on
the death of his father on 15-03-2005 (CII = 113). His father had acquired it on 01-
04-1990 for Rs. 1,00,000 and its FMV on 01-04-2001 was Rs. 3,10,000. On 01-10-
2021 he invested Rs. 3,00,000 in bonds issued by rural electrification corporation
limited notified U/S 54EC and Rs. 2,00,000 on 01-03-2022 in Bonds of National
Highway authority of India. Compute his taxable capital gain.
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
6. Mr.Rajinikanth submits the following particulars about sale of assets during the
year 2021-2022
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
23
INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
8. Mr.James is a film producer. During the previous year he sold a film projector of
Rs. 1,70,000 which had cost him Rs. 1,50,000 and in respect of which Rs. 40,000
had been allowed as depreciation during last two years. Besides, his total income
from business was Rs. 75,000. Expenses on sale amounts to Rs. 5,000. Compute the
taxable capital gain for the Assessment year 2022-2023.
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
9. During the year ended 31st march 2022. Mr.David sold the following assets:
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
10. Mr.X owns a residential house at bangalore. From the following informations,
compute the amount of capital gain
Particulars Rs.
a. Cost of construction (during 2004-05) 6,00,000
b. Cost of additions and improvements (during 2007-08) 2,40,000
c. Sale consideration (sale made on 10-10-2021) 32,00,000
d. Expenses on transfer 20,000
e. Cost of new house purchased in Hyderabad (on 15-01-2022) 4,00,000
(house in half finished)
Rs. 3,00,000 amount deposited in capital gain deposit scheme in SBI on 25-07-
2022. An amount of Rs. 2,00,000 withdrawn from capital gain deposit scheme on
12th May 2023 and utilized for the completion of the house. Cost inflation index for
2004-2005 is 113, for 2007-08 is 129 and for 2021-22 is 317.
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
11. Mr. X owns 2 acres of agricultural land in an urban area of Ludhiana which he
sold on 30th Nov 2021 at Rs. 54,00,000 per acre. Other particulars are
f. Mr.X Purchased 10 acres of agricultural land in a rural area for Rs. 8,00,000 lacs
Assume that he actually withdraws Rs. 12,00,000 lacs from the deposit account to
complete his residential house
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
12. From the following particulars given by Suresh (Resident). Compute taxable
gain for the assessment year 2022-2023
(WDV on 01-
04-2021 is Rs
4,000)
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
34
INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
14. Mr.Shanta Kumar owns a house property which he acquired in April 1986 for
2,50,000. The cost of improvement incurred for this property in August 2006 was
Rs.3, 80,000. He sold this property in October 2021 for Rs.98,00,000. He acquired a
new house property during January 2021 for Rs.3,00,000. Compute his taxable
capital gains for the AY 2020-21 on the assumption that the F.M.V of the property
on 1.4.2001 is Rs.27,00,000.CII 2001-02 = 100, 2006-07= 122, FY 2020-2021 =
317.
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
18. Mr.Ram Kumar provides the following particulars of assets transferring by him
during the PY 31-03-2022. Compute his capital gains for the AY 2022-23. A
residential house in Delhi was purchased on 11th November 2001 at a cost of Rs.
14,70,000 and was sold on 16th January 2022 for Rs.1,59,50,000. He incurred
transfer expenses of 56,000. He made the following investments out of capital gains
– Purchase of RECL Bonds for Rs.10,00,000 on 16th Feb.2022; Purchased a
residential flat on 26th March 2021 for Rs.75,00,000. CII 2001-02 = 100 & 2021-22
= 317.
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
19. Compute the taxable capital gain from particulars given below. The below
assets are sold in previous year 2021-2022
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
20. Kumarswamy submits the following particulars of assets sold during the year
2021-2022
Particulars Gold Securities Plot
Sale proceeds 9,00,000 7,00,000 84,00,000
Brokerage paid on sale Nil Nil 2%
Cost of acquisition 60,000 40,000 1,40,000
Year of acquisition 1988-89 2013-14 1984-85
Cost Inflation index Nil 220 Nil
Date of sale 01-06-2021 01-01-2022 30-08-2021
Fair market value 1,00,000 Nil 10,00,000
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
21. Mr.Ghosh sold a house on 1-9-2021 for Rs.18,00,000. This house was inherited
by him during 2001-02 from his father who had constructed it in 1991-92 for
Rs.50,000. Mr.Ghosh spent Rs. 50,000 on the renovation of the house in 2006-
2007. The fair market value of the house as of 1-4-2001 was Rs.4,50,000. This
house was under negotiations for sale in May 2011 & he received Rs. 30,000 as
advance money. The contract could not materialize & the advance money was
forfeited. Compute the amount of capital gain assuming that he does not qualify for
an exemption. (CII for 2001-02=100, 2006-2007-122, 2010-11=167 & 2021-2022
=317)
[Hint: Any advance money received & forfeited during P.Y 2013-2014 or before,
shall be reduced from the cost of acquisition, WDV/FMV even if such capital asset is
sold/transferred during P.Y 2014-2015 or afterwards. Any advance received &
forfeited during the previous year 2014-2015 or afterwards (i.e, on or after 1-4-2014)
will be taxable as income from other sources in the year in which it is forfeited.]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
22. Mr.Harish submits the following particulars about the sale of assets during the
year 2021-2022.
Particulars Jewellery Plot Gold
Rs. Rs. Rs.
Sale price 8,10,000 29,24,000 6,40,000
Expenses on sale 10,000 24,000 Nil
Cost of acquisition 2,50,000 8,00,000 80,000
Year of acquisition 2007-2008 2004-2005 2009-2010
CII 129 114 148
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
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INCOME FROM CAPITAL GAINS [PY: 21-22 & AY: 22-23]
Compute the taxable capital gain for the assessment year 2022-2023, if (CII for
2003-2004 is 109, 2006-2007 is 122 & 2021-22 is 317).
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