Capital gains related queries

488 views 3 replies

1) I sell one residential(long term) and buy a new residential house and gain exemption u/s 54. Now I sell the new house after 2 years. Will  the exemption obtained earlier be added to my income in the current year or something like that?

2) Can Short Term Capital Loss on shares be adjusted against Short Term Capital Gain on sale of residential property? Asking because the former is taxed at 15%(if STT paid) but the lat\ter is taxed at slab rates.

3) Can Short Term Capital Gain on sale of residential property be set-off against any other income like Loss on House Property, Business/Profession Loss etc. of the same year? Obviously some special kinds are not allowed like Speculative Business, Business of Race horses, Specified Businesses etc.

Replies (3)
1.capital gain will be as follows ,sale consideration-cost of new asset-(exemption given earlier u/s 54) is taxable as stcg.
2. stcl can be set off against both stcg & ltcg.In sec 71 it is clearly written stcl will be set off against stcg.in sec 71 it is not written stcl(15%) can not be adjusted against stcg (normal)
Loss from h.P can adjusted against any other head.Loss from P.G.B.P(normal) can be set against any other head except salary.Speculative loss,lossf from horse races,specified business can not be set against any other head.Loss under c.g can not be set off

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