stusent
63 Points
Joined July 2009
dear yashvant ,
first of all the question whether ur income will be taxable or not the answer to this question is "NO" IF U HAD TRADED SUCH SHARES ON OR AFTER 1 OCT 2004 AND IF U HAD HELD SUCH SHARES FOR A PERIOD OF MORE THAN TWELVE MONTHS.THE REASONS WHY UR INCOME WILL NOT BE TAXABLE ARE AS FOLLOWS:
1.THOUGH U R A NRI U HAVE TO PAY TAX ON SUCH CAPITAL GAINS BUT IN UR CASE U GET THE BENEFIT OF SECTION 111A IF U SATISY THE CONDTION STATED BELOW.AND U DONT HAVE TO PAY TAX WHAT IS THIS SECTION WILL BE DISCUSSED LATER.
2.THE SHARES THAT U HAVE TRADED HOLDING A DEMAT ACCOUNT IN INDIA IS INCOME DEEMED TO ACCRUE OR ARISE IN INDIA AND NRI ALSO HAS TO PAY TAX ON SUCH INCOME BUT IN OUR CASE IF SECTION 111 A IS APPLICABLE IT SAYS THAT IF U HAD SOLD ANY SHARES ON OR BEFORE 1 OCT 2004 USING IR DEMAT ACCOUNT IN INDIA THEN U HAVE TO PAY STT OR SECURITIES TRANSATION TAX THIS TAX RATE VARIES ...
3 THERE R BASICALLY TWO KINDS OF CAPITAL GAINS FIRST LONG TERM CAPITAL GAIN AND SECONDLY SHORT TERM CAPITAL .. IF THE HOLDING PERIOD OF SUCH SHARES IS LESS THAN TWLVE MONTHS THEN IT IS A SHORT TERM CAPITAL GAIN AND IF MORE VICE VERSA .
IF U HAD SOLD ANY SHARES ON OR AFTER 1 OCT 2004 AND THAT SHARES WERE OF LONG TERM NATURE THEN U R TOTALLY EXEMPTED AND U ONLY HAVE TO PAY STT. BUT IF UR SHARES WERE OF SHORT TERM NATURE AND U HAVE SOLD SUCH SHARES ON OR AFTER 1 OCT 2004 THEN ALONG WITH STT U HAVE TO PAY TAX .