if STT is not applicable then STCG is added to u r income tax return and taxpayer is taxed according to his income tax slab and if STT is applicable then STCG is taxed @ 15% + surcharge + ec.
The problem here is the priority of threshold exemption to be set off i.e. whether Threshold to be settled against STCG or Business Income? Case 1: Business Income: 80,000 STCG. : 30,00,000
Less: Basic Exemption Business Income: 80,000 STCG. : 1,70,000
Result: STCG of Rs. 28,30,000 Taxable @ 15%
Case 2:
Exemption Settled against STCG.
Result:
Rs. 27,50,000 Taxable @ 15%. what will be treatment of PGBP profit of Rs. 80,000? whether it is taxable @ 5% or @ 30% ?
In my advice, Case 1 is the correct calculation as transaction taxed as a special rate like ltcg @ 20% and stcg @ 15% can get exemption limit only after if any amount remains after set off against income taxed at normal rates.
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