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Is there any taxability on sale of silver utensil?

Others 10392 views 3 replies
i would like to know taxability on sale of silver utensil?
Replies (3)
Quick Summary
Sale of silver utensils used for personal purposes is not taxable as capital gains since they are treated as personal effects. If held as stock in trade, sale proceeds are taxable as business income.

according to my opinion silver utensil is of personal cateogry and cannot be termed as capital asset u/s 2(14). Hence there is no tax liability under the head of capital gain. however if you are doing the business and silver utensils are stock in trade then the sale proceed will be taxed as the businee income.

Capital assets excludes personal effects like wearing apparels, utensils, furniture, vehicles etc.
It has been held in number of cases that silver utensils held for personal use of assessee and his family members are personal effects hence no capital gains shall be attracted whether it is used regularly or occasionally.
In an interesting judicial pronouncement rendered by the Gujarat High Court in the case of ‘Himatlal C. Valia vs. CIT’ 248 ITR 262(Guj.), it has been confirmed that silverwares comprising of dinner sets intended for personal use of the taxpayer, his family members and guests are to be treated as personal effects, irrespective of the size of the family and the fact that these items were not used frequently. Hence, capital gains tax cannot be charged on sale of such silverwares.
NO INCOME TAXABILITY AS THERE ARE specifically EXCLUDED FROM CAPITAL ASSETS


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