Taxability when ltcg charged to securities transaction tax

Tax queries 899 views 2 replies

Here is an interesting case that may be worthy of your attention and advice.

I have deliberately shown certain words in capital letters including the word EXCEPT specifically to draw your attention towards them.

Tax Law

Tax Payers Information Series - 3 "How to Compute Your Capital Gains" published by INCOME TAX DEPARTMENT, Directorate of Income Tax (PR, PP & OL), 6th Floor, Mayur Bhawan, Connaught Circus, New Delhi-110001 states on page 3 "Profits or gains arising from the transfer of a capital asset made in a previous year is taxable as capital gains under the head “Capital Gains”. The important ingredients for capital gains are, therefore, EXISTENCE of a capital asset, transfer of such capital asset and profits or gains that arise from such transfer. Capital asset means property of any kind EXCEPT the following: item e) v) on page 5 last Para "Capital gains arising from the transfer of a long term capital asset, being an EQUITY share in a company or UNIT in an equity oriented fund where such a transaction is CHARGEABLE TO SECURITIES TRANSACTION TAX and takes place ON OR AFTER 1st October, 2004".

Situation

When I sell equity and/or non-convertible debentures through HDFC Securities Trading, the contract shows the amount of securities transaction tax deducted from sale proceeds. When I redeem units in mutual funds I receive IH16.Investment Performance Statement showing STT deducted from redemption proceeds.

Question

Such transactions, therefore, may NOT attract income tax? Please offer your opinion.


Attached File : 748358 925025 capital gains computations guide published by it dept goi.pdf downloaded: 185 times
Replies (2)
your transaction being subjected to STT is not the only criteria to keep it out of tax net. keep in mind certain things- 1. it should be LONG TERM CAPITAL GAIN 2. it should arise from sale of EQUITY SHARES OR UNITS OF EQUITY ORIENTED MF 3. sale should be done ON OR AFTER 1ST APRIL 2004 4. the transaction should be SUBJECTED TO STT. it means even if you fulfill all the above 3 conditions but can't fulfill the 4th then your gain will be taxable.
Originally posted by : CA Parag Jani
your transaction being subjected to STT is not the only criteria to keep it out of tax net.

Well, isn't it obvious from all that was stated in the post itself? 

At random, pick up 100 people. Survey how many knew of STT factor? You will find out very few did.

Next, again at random, pickup 100 people, it may be those very 100 people or different or a mix. Ask them how many knew of Equity and Unit factor? You will find many more.

And as for the date it is mentioned there in the post itself.

So, the question centered around the lesser known factor STT aspect.

Honestly, I had expected the responder to be intelligent enough to sense that from the post.


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