Indexation of listed securities

401 views 11 replies

if we need to find out long term capital gain on transfer of listed securities then we should use indexation or not?why?

Replies (11)

As long term capital gain of listed securities is tax-exempt u/s. 10(38) when sold through registered SE, it hardly affects; otherwise indexation is applied.

If the securities are listed and STT paid then capital gain exempt u/s 10(38) only for following: Listed equity sh., Listed equity oriented funds., Units of Business Trust...
in case of other than above three...tax will be @ 20%.
In case STT not paid on securities and if u take indexation benefit then tax rate would be @ 20% and without indexation tax would be @ 10% for Listed equity sh., Listed equity oriented funds., Units of Business Trust...
In case STT not paid on securities other than above specified three items tax would be 20%
good.but i think u can explain me more easily
u can use indexation only when 2conditions satisfy:
1. STT is not paid on securities
"and"
2. the securities are among those "three" mentioned above...
after satisfying above two conditions opting indexation or not is purely the discretion(choice) of assessee.
if u opt index then tax will be @ 20%, if u don't then tax @ 10%
but @ ojha ji, '20%if indexation,10%if not indexation' is for long term capital assets viz. Listed securities(other than a unit) ie a Zero coupon bond (sec. 112).
am still not understood.in my book there is a question and in it ,securities listed is acquired on 1-1-1999 (CII-351) ,FMV on 1-4-81 was ₹100000 and it was sold in 2016-17 (CII- 1125) for 260000.
then what amount of LTCG is obtained?
Pradeep specify what fault u observed...
@ ojha u r ryt, I just explained it.
@ khilar ji what is cost of acquisition on 1-1-1999, only then LTCG can be obtained.
how will I calculate short term gain in demerger of stocks case.may I sell demerged stocks to get benefit of short term gain .
Section 10(38) LTCG on listed share/ Units of Equity oriented Mutual funds/ Units of Business Trust are exempt.
Provied:
1. STT is paid on acquisation and sale of capital asset.

The other secturities other than specifies above is not exempt and would attract section 112.
Tax @ 20% with indexation (i.e. Proviso 2 to section 48 subject to proviso 3 of section 48 i.e. no indexation on bond etc except Soverign gold bonds)
Tax @ 10% without indexation.

Please note:
where proviso 1 to section 48 applies , Proviso 2 does not apply.
Gold Monetisation bond are kept outside the defination of capital asset u/s 2(14).


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register