Capital gain on gold sale

on august 2011 I sold gold ornaments to the jewellery shop during the assessment yearfor Rs1500000 and purchase new gold ornament on the same day for Rs.1200000   and realize balance amount, also  obtained the receipt from the shop for having sold the same.

ow, my queries are:

Whether the amount received  from gold sale is to be included in my tax returns.

Whether I should claim exemption by including it as tax-free income.

If the exemption is to be claimed please let me know under which section of the I-T Act it is exempted.

Replies (3)

First of all IT Act has clarified that ornaments/Jwellary are not a personal effect(asset) i,.e the same is capital asset so the sale of same will attract Capital Gain tax.

If you have held gold for a period of 3yrs or more then the same is long term asset and any gain from its sale can be claimed as exemption if the gains have been inversted i NHAI or RECL bonds within 6 months of sale (Sec 54EC). But in case your asset doesn't qualify for long term asset then forget any exemption and pay tax.

Since in your case you have sold ornaments and purchased new ones ....no exemption because you have missed the chance of investing in RECL or NHAI bonds. 

it is taxabla as capital gain .

As per the Income tax provisions, Gold, Jwellery  is termed as capital assest. So, it should be taxable as Capital gains Under the head Income from capital gains. No question of exemption since it is a Short term capital assest.

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