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Discussion > Income Tax > Tax queries >

Proviso to Sec 112(1)(a)

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Chief Financial Officer


[ Scorecard : 24]
Posted On 19 July 2009 at 22:03 Report Abuse

Hi,

I have a querry. In case of an Individual assessee having total income other than LTCG, less than minimum exemption limit and also having LTCG on sale of property.  Thus, the proviso to Sec 112(1)(a) for relief is applicable. 

Can the "A" claim the benefit of Indexation ? What will be the rate of tax on LTCG on sale of property ?   In the reutrn of income ITR - 2,  if the proviso to Sec 112(1)(a) is applicable, cost of acquisition without indexation is only to be deducted. 

can anyone explain?

CA Pravin Chavan


Online classes for CA CS CMA



CA CS Bhumika Thakkar
CA,CS


[ Scorecard : 1593]
Posted On 20 July 2009 at 02:05

d limit of basic exemption can be exhausted..rest LTCG will be taxed at 20 % and indexation is allowed..





Arpit Gupta
Chartered Accountant


[ Scorecard : 95]
Posted On 20 July 2009 at 13:36

if a person having LTCG, but his income is less than exemption limit,  he can definetly claim the benefit of exemption limit. He should shift his LTCG towards his balancing exemption limit.

if there is LTCG along with STCG then first the LTCG is shifted and then STCG

rate of LTCG u/s 112(1) is 20%

if it is LTCG then indexation  will certainly allowed. Indexation is not allowed only in following cases -

1. Slump Sale u/s 50B

2. Debentures and bonds except Capital Index Bond

3. in case of NRI's Sec.115A to 115D

Hence cost of acquition along with indexation is allowed to be deducted

 



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