Capital gain to non resident person

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Advocate
156 Points Posted on 24 March 2020
dear all,

Kindly help me to know about.
if a non resident person has income from long term capital gain in india. then indexing benefit shall be allowed him or not.
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On 24 March 2020 at 20:02 Report
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This discussion clarifies whether non-residents are eligible for indexation benefits on long-term capital gains earned in India. It's confirmed that indexation is generally not available for non-residents on assets like shares and debentures, as per the first proviso of Section 48. However, for immovable property, non-residents can still claim the indexation benefit.

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Chartered Accountant
12739 Points Posted on 24 March 2020

INDEXATION BENEFIT is NOT available to Non - Resident (1st Proviso of Sec 48)  

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On 24 March 2020 at 20:16
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Naveen, I think its second proviso to Sec 48 which speaks about non availaibility of indexation benefit.

also only in case where Assessee is Non Resident and asset is share and debentures of Indian co.
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On 24 March 2020 at 20:38
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Advocate
156 Points Posted on 24 March 2020
It is immovable property.
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On 24 March 2020 at 20:57
Guest
Yes, indexation benefit will be availaible
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On 24 March 2020 at 21:01
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Chartered Accountant
12739 Points Posted on 24 March 2020
Originally posted by : Karan Singh
Naveen, I think its second proviso to Sec 48 which speaks about non availaibility of indexation benefit.also only in case where Assessee is Non Resident and asset is share and debentures of Indian co.

NO KARAN , it is 1st proviso of Sec 48 talking about that 

NO INDEXATION in case of NR and assets should be shares or debentures 

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On 24 March 2020 at 22:54
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12244 Points Posted on 25 March 2020
For immovable property, INDEXATION available to non residents also
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On 25 March 2020 at 00:14
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Consultant
1891 Points Posted on 25 March 2020

According to second Proviso of Section 48 indexation benefit is not available to Non Resident in case of Shares or debentures. 

In case of other Long Term Capital Assets, indexation benefit is available. 

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On 25 March 2020 at 11:06
Guest
Yes, Correct its a second proviso which states indexation benefit will not available to assessee which fall under first proviso of sec 48.
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On 25 March 2020 at 11:10

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