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Is Tax Audit Required if there arises a capital gain by selling equity shares?

Others 1004 views 3 replies

Is Tax Audit Required if there arises a capital gain of 4 crores by selling equity shares? The person was holding the shares in the past few years and now selling them realising capital gains of 4 crores approximately.

Is he required to go through any audit or just pay a flat 10% Long Term Capital Gain Tax? If so, can he directly pay that via the advance tax payment?

The person doesn't own any other income sources and doesn't run any company or business. He is a pure investor and doesn't trade intraday or derivatives.

Read more at: https://www.caclubindia.com/forum/create_message.asp?cat_id=2#

Replies (3)
NO NOT REQUIRED
The provisions of audit are applicable to if the income is taxable under head business and profession. Since in your case there is not business/profession income. Audit is not applicable.
In my opinion, the capital gain on sale of investment is not covered in the definition of turnover for the purpose of section 44AB of the income tax act and hence such income to be excluded while calculating tax audit limit under section 44 AB


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