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Tax on sale of gold

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CA Neil Ganatra (Partner - Gautam Joshi & Co.)   (871 Points)
Replied 12 January 2012

Dear Mr. Ritesh,

If you give your gold to your daughter as gift and then she sells it out then in that case cost of acquisition for her would be the price at which you bought it. Time period for which you had such gold will also be taken into consideration to decide whether it is long-term or short-term. 

Eg. If you purchased in Oct. 2008 for Rs. 10,000/-, gave gift to your daughter in Nov. 2011 and your daughter sells it in Dec. 2011 for Rs. 35,000/- then period of holding will be considered from Oct. 2008 only and not from Nov. 2011. Cost of acquisition will be indexed value of Rs. 10,000/- and not Rs. 10,000/- itself.

Suppose in above case you had received such gold from your father as gift or under will then period will be taken from the date your father had purchased it and acquisition cost will be indexed cost of value for which your father had purchased.

This provision is given u/s 49(1) of the Income Tax Act, 1961.

I hope now it's clear to you.

Regards,

1 Like


Ramanuj (Accountant.) (834 Points)
Replied 13 January 2012

I think while  gold gift to doughter  gift stuff is exmpted from tax .

 


CA Neil Ganatra (Partner - Gautam Joshi & Co.)   (871 Points)
Replied 13 January 2012

Yes gift given to daughter is exempt from tax but what we are discussing is the impact when daughter sells such gold received as gift.


DEEPAK ROHERA (Senior Accountant) (285 Points)
Replied 14 January 2012

Mr. Neil Ganatra 

You are r8 i also read this decision of Supreme COurt 


Dilip Kasat (Articleship ) (21 Points)
Replied 14 January 2012

I Think CA Neil Ganatra is Correct Just has to take the benefit of indexation




Shivish Verma (C A) (376 Points)
Replied 14 January 2012

Dear Mr. Suchit,

As per the decision of Supreme Court in the case of CIT v. Rasiklal Maneklal (HUF) [1989] 177 ITR 198, an exchange involves the transfer of property by one person to another abnd receprocally the transfer of property by that other to the first person. There must be a mutual transfer of ownership of one thing for the ownership of another.

Even as per the definition of full value of consideration for the purpose of capital gain, consideration may be received in cash or in kind. if it is received in kind then fair market value of such assets is taken as full value of consideration.

I hope this is clear now. Still in case of any further confusion, I'll be happy to have discussion.

Thanks & Regards,

CA Neil Ganatra

099092 81384

 

 

 

 

I agree with You Sir. Sale includes exchange also.

 



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