wether exemption u/s 10(38) available??

Tax queries 1589 views 5 replies

hiii... frnz

plz tell me whether exemtion u/s 10(38) under IT act ,since STT is withdrawn ???

thanx in advance....

Replies (5)

10(38) will stand inconsequential (Useless)

when STT is removed in the Direct Taxes Code....

This FY u can claim this exemption... Also next FY

 

But next year when DTC comes into force, LTCGwill arise, which is taxable..

Dear G.K......

I could not understand what u say????........

Sec 10 (38) - Long term capital Gain  on sale of shares or units of a mf through recognised SE and which has suffered STT......Exempt from tax......

STT is deleted from Profit and gain from business or profession and not from Capital gain. that means you are allowed to  deduct stt as an expenses while computing PGBP and at the same time exemption u/s 10(38) is allowable

Hello Ankita,

As per the draft bill of DTC :

LTCG on equity shares, or units which was previously exempt u/s 10(38), will now be taxable at normal rates.

sixth schedule of the draft bill which is pertaining to " Incomes not to be included in the total income" does not mention about the LTCG on equity shares.

So ordinarily resident evil is absolutely right you can claim this exemption till the time DTC is not in force.

Regards

Rajat

THNX to all......

it means for may 10 exam i wud hav to consider sec 10(38)....


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