Proviso to section 112(1)

 

My question is related to Proviso to Section 112(1) which is as follows

Provided that where the tax payable in respect of any income arising from the transfer of a long-term capital asset, being listed securities or unit or zero coupon bond, exceeds ten per cent of the amount of capital gains before giving effect to the provisions of the second proviso to section 48, then, such excess shall be ignored for the purpose of computing the tax payable by the assessee

 

My question is

In case of Capital gain of more than one asset how to apply the provisions of proviso to Section 112(1)

On each Capital Gain separately or on combined amount of capital gain from all the assets.

For e.g.

Income under head Capital Gain (all Long Term)

 

LTCG with Indexation

capital gain without Indexation

Listed Securities of A Ltd.

10000

18000

Listed Securities of B Ltd.

15000

32000

House Property

(5000) – Loss

2000

 

 

 

Income from other Sources – 180000

Compute the Tax Payable on LTCG for A Y 2012-13

 

 

Replies (4)

It is for assesse to decide wheter to opt for provision or not. He will opt that option which is most benefitial to him (for eg. lower tax)

A 10,000 X .20 or 18,000 X .10 (whichever is lower , i.e  1800 under provisio of sec 112(1))

B 15,000 X .20 or 32,000 X .10 (whichever is lower ,i.e 3000 NOT UNDER provisio of 112(1)

 

Further under provision of sec 112 , If total income includes LTCG then tax payable is 20% of LTCG + normal tax on remaining income

LTCG shall be reduced by the amount by which the total income  so reduced falls short of MAXIMUM AMOUNT NOT CHARGEABLE TO INCOME TAX and balance is charged @ 20%

Originally posted by : Z

It is for assesse to decide wheter to opt for provision or not. He will opt that option which is most benefitial to him (for eg. lower tax)

A 10,000 X .20 or 18,000 X .10 (whichever is lower , i.e  1800 under provisio of sec 112(1))

B 15,000 X .20 or 32,000 X .10 (whichever is lower ,i.e 3000 NOT UNDER provisio of 112(1)

 

Further under provision of sec 112 , If total income includes LTCG then tax payable is 20% of LTCG + normal tax on remaining income

LTCG shall be reduced by the amount by which the total income  so reduced falls short of MAXIMUM AMOUNT NOT CHARGEABLE TO INCOME TAX and balance is charged @ 20%

 

 

but what about loss of house. how you will treat this

Ioss from house property can also bo adjusted.

What about the taxability of sale of shares not listed on a regonised stock exchange? and what if the LTCG along with rental income together is below Basic exemption limit of the assessee?

Shares purchased in 1995 for 4000 now (2016) sold off market at 105120 

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