Amendment to Section 2(14): Clarity on 'Capital Asset' Definition for Investment Funds' Securities



Quick Summary
A new amendment to Section 2(14) of the Act aims to bring clarity to how investment funds classify income from securities. Previously, there was uncertainty whether such income was capital gain or business income. This change ensures that securities held by investment funds, when invested according to SEBI regulations, will be treated exclusively as capital assets. Consequently, any income derived from selling these securities will be considered capital gain.

Amendment of Definition of 'Capital Asset' Section 2(14) of the Act defines the term "capital asset" to include property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock in-trade or personal assets as provided in the definition. The securities held by a Foreign Institutional Investor which has invested in such securities in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992 (15
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FAQ :

The amendment aims to provide certainty regarding the characterisation of income from securities held by investment funds, clarifying whether it's capital gain or business income.

Securities held by investment funds, when invested in accordance with SEBI regulations, will be treated solely as capital assets.

Any income arising from the transfer of such securities will be in the nature of capital gain.

The amendment will take effect from the 1st day of April, 2026.

It will apply to the assessment year 2026-27 and all subsequent assessment years.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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