Query on capital gain from investment in equity shares

Tax queries 336 views 8 replies

Hello All,

I am raising a query regarding the treatment of capital gain/loss from investment in equity shares of an individual person.

 

A person has invested in equity shares through a company, named LKP Securities Ltd. That means the person has given money to LKP Securities and this company used such money to purchase and sell the equity shares of different companies. The company has sent him the capital gain/loss statement for the year 2016-17. Now, in this statement all the purchase of securities and their corresponding sale value in datewise manner and accordingly the short term gain/loss, long term gain/loss, Speculation profit/loss are given.

After listing all gains and losses, at the end of the year, in net, he has Short Term Capital Gain nearly of Rs.2 Lakhs, Long Term Capital Loss nearly of Rs.64K and Speculation (intra day or you can say fatka) profit of around Rs.6K. 

 

Now, my queries are as follows:-

1) Whether the total short term capital gain from sale of equity shares through the above mentioned company are subject to Sec.111A and chargeable to tax @ 15%?

If so, is there any fixed deduction available from such gain like brokerage etc? [Although in that statement nothing is mentioned as brokerage charges or like that]

2) LTCG from selling of equity shares, I think, is covered under Sec.10(38) and exempt from tax, but What is the treatment of the Long Term Capital Loss? How will it be reflected in ITR? Can this loss be carried forward?

3) What is the treatment of the Speculation profit in income computation that arose from the Fatka? Whether it is to be treated as STCG and subject to U/s 111A?

4) If the person has Salary income, Other Source income of Rs.7Lakhs and Rs.2Lakhs respectively, now whether the STCG of Rs.2Lakhs(mentioned in point 1) shall be added with these incomes and then has to apply Sec.80 deduction?

 

Thanks for your patience! Hope, will get positive reply. Thanks again in advance.

Replies (8)

Can anyone help regarding the abovementioned issue?

"1) Whether the total short term capital gain from sale of equity shares through the above mentioned company are subject to Sec.111A and chargeable to tax @ 15%? If so, is there any fixed deduction available from such gain like brokerage etc? [Although in that statement nothing is mentioned as brokerage charges or like that]

Ans. Yes, here specific rate of tax 15% applies. No other deductions, but any expenses incurred to earn the gain like brokerage etc. are deductible.

2) LTCG from selling of equity shares, I think, is covered under Sec.10(38) and exempt from tax, but What is the treatment of the Long Term Capital Loss? How will it be reflected in ITR? Can this loss be carried forward?

Ans. Not adjustible agaist any other income or gain. Can be carried forwarded, but to be adjusted against the same long term capital gain (which is anyway tax-exempt), so no use.

3) What is the treatment of the Speculation profit in income computation that arose from the Fatka? Whether it is to be treated as STCG and subject to U/s 111A?

Ans.: No, it is to be treated as business profit, under PGBP.

4) If the person has Salary income, Other Source income of Rs.7Lakhs and Rs.2Lakhs respectively, now whether the STCG of Rs.2Lakhs(mentioned in point 1) shall be added with these incomes and then has to apply Sec.80 deduction?"

Ans. Income from different heads like Salary, CG, HP, PGBP and IFOS are all added up as per the rules.. and the deductions under chapter VIA like 80C, 80D, 80TTA are all deductible from gross income....... 

P.S. here the SCCG is not added because of special tax rate....

 

Thank you so much Sir for your valuable reply.

Another question that strikes my mind that related to my question no.2, i.e.-

As you have told that the LTCG arose from the transfer of shares can be adjusted against the same long term capital gain, now that means if such loss of Rs.64K is carried forward in the ITR and if in the next year he has some LTCG due to transfer of a Property (Building), such gain can't be setoff against this loss, right?

No, as per section 10(38), it cannot be adjusted against any other gains.....

okay...thanks again sir.
Sir,

intraday trading is treated as speculative business income. Loss from such speculative business income can be carried forward and be set off only against gain from such speculative business income.

If you're trading in futures and options, such trading is treated as non speculative business income, the loss of which can be set off against capital gains.

Thanks and Regards
Teja

Thanks Mr. Teja for your reply.

If the person has the following incomes-

a) Salary received from one company being CEO, and from another Company being the director

b) HP

c) FD iNterest, Other Incomes

d) STCG from Equity Shares

e) Speculation Profit from Equity Shares (Intra Day Sale-Purchase)

- then what is the applicable ITR Form for him for AY 2017-18? Is it ITR-2?

 

Thanks


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register