Practicing Chartered Accountant
67 Points
Posted on 06 December 2009
First of all, Silver & Silver utensils are covered under the definition of Asset(For purpose of Capital gains)
Secondly, from AY 1985-86, the definition of transfer for the purpose of Capital gains was enlarged. And from said AY, where a capital asset is converted by the owner into Stock-in-trade of busines crried on by him, such converion of the capital asset shall be regarded as transfer, so liable for Capital gains.
For calculation purpose, the full consideration is to be determined on notional basis (Fair market value on the date of conversion). But it is taxable in the year in which the the silver/silver utensils are sold.
As from the available information in question, period of holding the Silver is not clear, I cannot determine the said period. Taxability will be diffrent for Long term & short term Gains. If period of holding is 36 months or above, it is Long term Capital gain/loss , otherwise Short term.