Professional Documents
Culture Documents
Unit 1,2 With Questions and Answers
Unit 1,2 With Questions and Answers
UNIT 1
MEANING AND DEFINITION OF BUSINESS
• Vocation simply means a way of living for which one has special fitness.
• A vocation does not involve any organized or systematic activity like business.
• So vocation simply means any type of activity which a person is passionate about
and proceeds from an inner calling or urge
• The practice of a religion may also amount to vocation. Writing of articles in the
magazines is also a vocation.
DIFFERENCE BETWEEN BUSINESS AND PROFESSION
BUSINESS PROFESSION
1.Involves trade , manufacture and commerce 1.Involves use of professional , intellectual and
technical skills
2.Receives profits and gains 2. Receives professional fees
3.No minimum required qualification 3. Requires professional qualification and
specialised knowledge is required.
4.Involves tangible Goods and Services . 4. Involves Intangible services only.
5.No prescribed code of conduct is required for 5.Prescribed code of conduct is required for the
the delivery of business. delivery of profession.
6.Objective is to earn profits and livelihood and 6. Objective is to earn livelihood , passion and
satisfaction. satisfaction.
Meaning of Profits
• (i) Profits in cash or in kind: Profits may be realised in money or in money’s
worth, i.e., in cash or in kind. Where profit is realised in any form other than cash,
the cash equivalent of the receipt on the date of receipt must be taken as the value
of the income received in kind.
• (ii) Capital receipts: Capital receipts are not generally to be taken into account
• (iii) Voluntary Receipts: Payment voluntarily made by persons who were under no
obligation to pay anything at all would be income in the hands of the recipient, if
they were received in the course of a business or by the exercise of a profession or
vocation
• (iv) Application of the gains of trade is immaterial: Gains made even for the
benefit of the community by a public body would be liable to tax.
Meaning of Profits
(v) Legality of income: The illegality of a business, profession or vocation does not
exempt its profits from tax. The revenue is not concerned with the taint of illegality in
the income or its source.
(vi) Income from distinct businesses: The profits of each distinct business must be
computed separately but the tax chargeable under this section is not on the separate
income of every distinct business but on the aggregate profits of all the business
carried on by the assessee.
(vii) Computation of profits: Profits should be computed after deducting the losses
and expenses incurred for earning the income in the regular course of the business,
profession, or vocation unless the loss or expenses is expressly or by necessary
implication, disallowed by the Act. The charge is not on the gross receipts but on the
profits and gains.
Specimen for Computation of Taxable Income from
Business
Particulars Amount Amount
Net profit as per profit and loss account XXXX
Add
• Inadmissible non business expenses/ excess expense debited to profit and XXX
loss account
• Business income not credited to profit and loss account XXX
• Overvaluation of opening stock XXX
• Undervaluation of closing stock XXX
XXXX
Less
• Allowed admissible expenses not debited to profit and loss account XXX
• Non business income credited to profit and loss
• Undervaluation of opening stock XXX
• Over valuation of closing stock
XXX
XXX
XXXX
Total XXXX
Disallowed /Inadmissible Expenses
• Personal Expenses (Household expenses, premium on life and medical insurance of proprietor, savings
made in NSC, PF etc, Proprietor salary)
• Any payment made in excess of 10,000 either in cash or in bearer cheque, entire amount is
inadmissible
• Income Tax, Advance income tax
• Interest on Loan taken for personal purpose
• Provision/Reserve for Bad and doubtful debt
• Bonus and commission paid to employees if it is paid after the due date of filing the returns (31st July
2020)
• GST and Customs Duty if it is paid after the due date of filing the returns (31st July 2020)
• Losses capital in nature, purchase of capital asset, renovation of building etc.
• Donations and Charities
Disallowed /Inadmissible Expenses
• Cost of Sign board fixed on office premises
• Contribution to staff welfare funds and political party
• Speculation losses
• Difference in trial balance
• 4/5th of preliminary expenses, Employer contribution to URPF, Interest on capital
• Over and excess depreciation
• Expenses related to other heads on income, Personal gifts and presents, penalties and fines on excise
and customs duty
• Salary paid to family members who are not professionally qualified
• Payment made outside India without deducting TDS or if TDS is not paid on or before the due date
of filing return of income (30% is disallowed)
• Legal expenses to defend criminal cases
Business Income not credited to P&L A/c
• Bad debts recovered allowed earlier
• Sundry Income/commission, discount, brokerage received
• Interest from Debtors
• Refund of Customs Duty
• Sales tax refund (allowed earlier)
• Income from Smuggling
• Profit on sale of import license and Export incentives
Allowed Expenses (Expenses incurred for
earning business income)
• General office expenses, rent, taxes, audit fees, salaries etc
• Bad debts, discount allowed, depreciation, travelling expenses related to business
• Insurance premium paid (any mode other than cash) for the health of employees,
fire insurance premium paid and group insurance premium paid
• Bonus or commission to employees on actual payment basis before due date
• Expenditure on scientific research, Demurrage to railways
• Sales tax paid before due date
• Theft in office premises, pooja expenses at office, guest house and holiday home
facilities
• Contribution to RPF, staff welfare expenses
Allowed Expenses (Expenses incurred for
earning business income)
• Revenue advertisement expenditure, establishment expenses, audit fees
• Interest on loan taken for business purposes
• Loss of goods or cash embezzled by employess
• Printing and stationery, electricity, water and telephone charges
• Legal expenses incurred to avoid business liability
• Legal expenses for filing Income Tax Appeal
• Depreciation
Non Business Income (Income not part of
Business but credited to P/L A/c
• Interest on Securities, Agricultural Income, Income from House property
• Bad debts recovered but not allowed earlier
• Profit on sale of fixed assets and investments, dividend received
• Interest on deposits, dividend on UTI and mutual funds, LIC amount
received
• Gifts received from relatives, winnings from lottery/crossword
puzzles/horse race
• Income tax refund
• Share of income fromHUF
Depreciation
Rates of Depreciation
Question 1
• Following is the Profit and Loss Account of Mr.Shekar for the year ending 31.03.2021
Dr.Kuvempu owns a house property having 3 units, out of which unit 1 having 25%
carpet area is used for own business purpose. Determine the income under the head
‘Profits and Gains of Business or Profession’ of Dr. Kuvempu for the A.Y.2021-22
COMPUTATION OF TAXABLE INCOME FROM BUSINESS
Repairs – HP 7,500
To Repairs 12,000
To Donations 4,000
Additional Information:
Salaries 12,000
Donations 4,000
Dividend 6,000
Information:
1. Rent includes Rs 12,000 of a shop belonging to the assesse.
2. Salary of staff includes salary of Rs 24,000 to the son who is a BCOM
student and who casually helps in business
3. A loan of Rs 60,000 at 15% pa is taken from wife out of funds advanced
by him and interest is included in interest on Loan
4. Sundry expenses include Rs 9,000 being expenses incurred on pilgrimage
to Haridwar.
5. Entertainment expenses include Rs 1500 spent on snacks for the guests of
a local MLA.
6. Loss by theft worth Rs 6,000 stolen from office and Rs 8000 was stolen
from home
7. He earned Rs 40,000 in gold smuggling business not shown in the books
of accounts
8. Rates include Rs 4,000 for the property let out
9. GST paid and depreciation not taken to Profit and Loss account Rs 8,000
and Rs 5,000 respectively.
Compute the taxable Income from Business.
Dr. Punith submits the following particulars. Calculate the income from profession for the
Assessment Year 2021-22.Receipts and Payments A/c for the year ending 31-03-2021
PARTICULARS AMOUNT PARTICULARS AMOUNT
To Opening balance 25,000 By Salary to staff 36,000
To Consultation fees 75,000 By Purchase of medicine 18,000
To Visiting fees 62,500 By Professional Books 10,000
To Agricultural income 40,000 By Purchase of car 2,40,000
To Interest on bank deposits 10,000 By car expenses 20,000
To Gifts from patients 15,000 By Computer purchased 50,000
To Rent from house property 48,000 By Personal expenses 45,000
To Loan from bank for profession 1,50,000 By Income tax 15,000
To Operation charges 90,000 By LIC premium 10,000
To Sale of medicines 32,500 By Repayment of loan 35,000
By Municipal tax on house 5,000
property
By Interest on loan 7,500
By closing balance 56,500
Total 5,48,000 Total 5,48,000
Additional information:
(1) 25% of car expenses related to personal use
(2) Rate of depreciation on professional books 40%, car 15%, and computer 40%
(3) A cash gift of Rs.2500 received from a patient was not recorded in the books.
Following is the Receipts and Payments Account of Mr Hari,maintains his books on cash
system of accounting
Receipts Amount Payments Amount
To Bal b/d 1,40,000 By Rent from clinic 1.80.000
To Consultation fees 2019-20 36,000
2019-20 25,000 2020-21 1,44,000
2020-21 5,25,000
2021-22 30,000
To visiting fees 1,60,000 Surgical equipment 1,00,000
Mr.Anand , an advocate residing in Delhi submits his Receipts and Payments account for the
previous year 2020-21.Receipts and Payments Account for the year ending 31-3-2021
RECEIPTS AMOUNT PAYMENTS AMOUNT
To Balance c/d 5,000 By Staff salary 28,000
To Sitting fee 1,20,000 By Professional books 9,000
To Legal counselling fee 15,000 By Subscription to journals 1,000
To Loan from bank 12,500 By Refreshment charges 2,000
To Rent from property 22,500 By Rent to office 7,500
To Interest on bank FD 10,500 By Telephone charges 9,000
To Dividend from ABC Ltd 4,000 By Printing charges 1,500
To Share of income from HUF 50,000 By Electricity charges 3,000
By Purchase of car 1,25,000
By Computer purchased 25,000
By Car expenses 3,500
By Contribution to RPF 5,000
By NSC purchased 7,000
By BAR Association fees 1,000
By Balance c/d 12,000
Total 2,39,500 Total 2,39,500
Additional information
1. 1/2 of the car expenses pertain to personal use
2. 25% of the telephone expenses pertain to personal use.
4. Half of the electric charges are for house property
5. Gifts from clients Rs.5000 not included in above account.
6 Loan from bank is for personal use.
Compute his total income from Profession for the Assessment year 2021-2022.
Mr. Kishore lives in Bangalore .He is a lawyer and he gives you the following receipts and
payment account for the year ending 31.3.2021
RECEIPTS AMOUNT PAYMENTS AMOUNT
To Opening balance 2,000 By Books purchased 1,000
To Salary as part time lecturer 4,000 By Repairs to house 1,200
To fee received 2,20,000 By Car expenses 1,800
To Interest on bank deposit 1,500 By local taxes 1,200
To Exam remuneration from 2,500 By Office expenses 3,000
university
To Cash received on car sold 20,000 By Personal expenses 11,000
To Shares sold 15,000 By Purchase of plant for office 1,000
To Dividend received 1,500 By Car purchased 20,000
By Life insurance premium 6,000
By Donations 1,100
By Gifts to daughters 500
By Income tax paid 3,000
By Income tax appeal expenses 300
By Bank deposit 12,000
By PPF deposit 3,000
By Closing Balance 2,00,400
Total 2,66,500 Total 2,66,500
Adjustments:
1.1/3rd of the house is used for profession and 2/3rd for self-residence.
2. The car is used for professional and personal work equally.
3. Books purchased for teaching Rs.300 and remaining for profession.
COMPUTATION OF TAXABLE INCOME FROM PROFESSION
PARTICULARS AMOUNT AMOUNT
Professional Receipts :
Fee received 2,20,000
Total Professional Receipts 2,20,000
Less : Professional expenses
Depreciation on Books purchased (1000-300=700*40%) 280
Repairs to house property (1200*1/3) 400
Car expenses (1800*50%) 900
Local taxes (1200*1/3) 400
Office expenses 3,000
Depreciation on purchase of plant for office (1000*15%) 1,50
Depreciation on Car (20,000*15%*50%) 1,500
Income tax appeal expenses 300
Professional Expenses 6,930
Taxable Income from Profession Rs 2,13,070
Introduction to Income under the Head Capital Gain
Income is taxable under the head “Capital Gains” if the following conditions are satisfied:
2. The capital asset is transferred by the assessee during the previous year.
4. Such profit or gains is not exempt from tax under section 54, 54B, 54D, 54EC, 54EE, 54F, 54G, 54GA
and 54GB.
If the aforesaid conditions are satisfied, then capital gain is taxable in the assessment year relevant to
the previous year in which the capital asset is transferred.
1. Property of any kind held by an assessee (whether or not connected with his business or profession).
2. Any securities held by a Foreign Institutional Investor which has invested in such securities in
accordance with the regulations made under the SEBI Act.
1. Any stock-in-trade (other than the securities referred to in point 2 above), consumable stores or raw
material held for the purpose of business or profession;
Rural area for this purpose means any area which is outside the jurisdiction of a municipality or a
cantonment board having a population of 10,000 or more and also which does not fall within distance
given below:
a. 2 kilometres from the local limits of municipality/ cantonment board, if the population of the
municipality/ cantonment board is more than 10,000 but not more than 1 lakh; or
b. 6 kilometres from the local limits of municipality/ cantonment board, if the population of the
municipality/ cantonment board is more than 1 lakh but not more than 10 lakh; or
c. 8 kilometres from the local limits of municipality/ cantonment board, if the population of the
municipality/ cantonment board is more than 10 lakh.
4. 6½ per cent Gold Bonds, 1977, or 7 per cent Gold Bonds, 1980, or National Defence Gold Bonds,
1980;
“Long-term capital asset” means a capital asset held by an assessee for more than 36 months
immediately prior to its date of transfer. Thus, capital gain arising from the transfer of long-term capital
asset is called Long-Term Capital Gain.
Exceptions:
(i) In case of listed securities or units of UTI or unit of equity oriented fund or zero- coupon bond held by
the assessee, the long-term capital asset will mean such assets held by the assessee for more than 12
months.
(ii) If unlisted shares of a company or land or building or both held by the assessee, the long-term capital
asset will mean such asset held by the assessee for more than 24 months.
“Short term capital asset” means a capital asset held by an assessee for not more than 36 months (or 24
months in case of unlisted shares and immovable property), immediately prior to its date of transfer.
2. Securities (like debentures, bonds, Government securities, etc.) listed on a recognized stock exchange
in India.
In the aforesaid cases, if the asset is held for more than 12 months immediately prior to its date of
transfer, then it is “long-term capital asset”.
Note:
In the case of transfer of a depreciable asset (other than an asset used by a power generating unit
eligible for depreciation on straight line basis), capital gain (if any) is taken as short-term capital gain,
irrespective of period of holding.
Long Term and Short Term Capital Gain
Transfer, in relation to a capital asset, includes sale, exchange or relinquishment of the asset or the extinguishment of any rights therein or the
compulsory acquisition thereof under any law.
2. Distribution of capital assets in kind by a HUF to its members at the time of total or partial partition;
3. Any transfer of capital asset under a gift or a will or an irrevocable gift (exception – gift of ESOP shares is chargeable to tax) [In case of gift of
ESOP shares, fair market value on the date of gift is taken as full value of consideration] ;
4. Any transfer of capital asset by a holding company to its 100% Indian subsidiary company;
5. Transfer of capital asset under a scheme of amalgamation/ demerger, if the transferee company is an Indian company;
6. Transfer of shares in amalgamating company/ demerged company in lieu of allotment of shares in amalgamated company/ resulting
company in the above case;
7. Transfer of capital asset in a scheme of amalgamation of a banking company with a banking institution;
8. Any transfer by way of conversion of bonds or debentures, debenture-stock or deposit certificate in any form, of a company into shares or
debentures of that company;
10. ‘Transfer by an individual of Sovereign Gold Bond issued by the RBI under the Sovereign Gold Bond Scheme, 2015, by way of redemption’; and
11. Any transfer by way of conversion of preference shares of a company into equity shares of that company
COMPUTATION OF CAPITAL GAIN/ LOSS [SEC. 48]
It is to be noted that no deduction is allowed in respect of securities transaction tax in computing income under the head “Capital gains”.
However, in few cases, “fair value of consideration” is determined on notional basis according to the different provisions given in the Income-tax
Act.
Expenditure on transfer
Expenditure incurred wholly and exclusively in connection with transfer of capital asset is deductible from full value of consideration. The
expression “expenditure incurred wholly and exclusively in connection with such transfer” means expenditure incurred which is necessary to effect
the transfer.
Examples of such expenses are: brokerage or commission paid for securing a purchase, cost of stamp, registration fees borne by the vendor,
traveling expenses incurred in connection with transfer, litigation expenditure for claiming enhancement of compensation awarded in the case of
compulsory acquisition of assets.
Cost of Acquisition
Cost of acquisition of an asset is the value for which it was acquired by the assessee. Expenses of capital nature for completing or acquiring the title
to the property are includible in the cost of acquisition. Interest on money borrowed to purchase the asset is part of actual cost of asset.
Cost of Improvement
Cost of improvement is capital expenditure incurred by an assessee in making any additions/ improvement to the capital asset. It also includes any
expenditure incurred to protect or complete the title to the capital assets or to cure such title. Any expenditure incurred to increase the value of the
capital asset is treated as cost of improvement. Cost of improvement includes only expenditure on improvement incurred on or after April 1, 2001
(whether incurred by the previous owner or by the assessee).
1. Bonds or debentures (other than capital indexed bonds issued by the Government);
2. Shares in or debentures of an Indian company acquired by utilizing convertible foreign exchange as mentioned under first proviso to section
48* (applicable to a non-resident assessee only); and
3. Bonds/ debentures or Sovereign Gold Bond issued by the RBI under the Sovereign Gold Bond Scheme, 2015.
Computation of Capital Gains in Certain Special Cases
Section 10(38) is applicable for all the assesses, if the following conditions are satisfied:
a. The asset which is transferred is a long-term capital asset.
b. Such asset is equity share in a company or units of equity oriented mutual fund.
c. Such transaction takes place on or after October 1, 2004 in a recognized stock exchange in India.
d. At the time of transfer as well as at the time of acquisition of shares, the transaction is chargeable to securities transaction tax*.
If the above conditions are satisfied, long-term capital gain is exempt from tax under section 10(38).
However, in the case given above, if the asset is short-term capital asset, short- term capital gain is taxable under section 111A @ 15% +
Surcharge (if any) + cess @ 4%.
Further, in order to find out whether the capital asset is short-term or long-term in such cases, the period of holding of the previous owner shall be
taken into consideration.
1. Where the capital asset became the property of the assessee before April 1, 2001; or
2. Where the capital asset became the property of the assessee by any mode referred to in section 49(1) and the capital asset became the
property of the previous owner before April 1, 2001.
Notes –
a. The option is available only when an asset was acquired by the assessee [or by the previous owner in case section 49(1) is applicable] before
April 1, 2001.
c. When option is available, the cost of the asset or FMV as on April 1, 2001, whichever is higher, is taken as the cost of acquisition.
d. The option is not available in respect of transfer of a capital asset being goodwill of a business; trademark/ brand name associated with a
business; right to manufacture, produce or process any article or thing; right to carry on business; tenancy right; route permits or loom hours
(whether self-generated or otherwise).
By virtue of section 50, computation of capital gain/ loss can be made in the case of transfer of a depreciable asset only in the following two
situations:
a. When written down value (WDV) of block of assets (BOA) on the last day of the previous year is zero [Section 50(1)]:
If the resulting figure is negative, then section 50(1) is not applicable and capital gain is not chargeable to tax (unless the case comes under
situation 2 which is explained below).
Notes –
a. If a depreciable asset (not being the case of power unit as stated above) is transferred and the case does not fall under any of the above two
situations, then capital gain is not chargeable to tax.
b. It is not necessary that depreciation is allowed for the year under consideration. If the depreciation is allowed in the current year (or any of
the earlier years), the above provisions of section 50 would be applicable.
c. For the purpose of section 50, it is not necessary that the asset should be put to use.
d. In the above two situations, the capital gain/ loss is always short-term.
e. While deducting actual cost from sale consideration to compute capital gain/ loss, any depreciable asset which is acquired otherwise than by
an account payee cheque/ draft or use of electronic clearing system through a bank account (and the payment exceeds Rs. 10,000), such payment
shall not be eligible for deduction while computing capital gain/ loss.
f. When a single asset like the building is transferred, consideration has to be apportioned between the depreciable portion (i.e.,
superstructure) and the non- depreciable portion (i.e., land) for implementing section 50.
However, advance money forfeited during the previous year 2013-14 (or any earlier previous year) is not taxable as “Income from other sources”.
Instead, it is deducted from the cost for which the asset was acquired or the written down value or the fair market value, as the case may be, in
computing the cost of acquisition.
When a self-generated asset is transferred, the following special rules are applicable:
1. Goodwill of a business (not a profession), right to manufacture/ produce any article/ thing or right to carry on any business or profession:
In the case of transfer of these capital assets, cost of acquisition and improvement are taken as nil. Expenses on transfer are, however, deductible
on the basis of actual expenditure.
2. Tenancy rights, route permit, loom hours, trade mark or brand name associated with a business:
In the case of transfer of these capital assets, cost of acquisition is taken as nil. Cost of improvement and expenses on transfer are, however,
deductible on the basis of actual expenditure.
In the case of transfer of any other self-generated capital asset, capital gain is not chargeable to tax.
It is to be noted that even if the above mentioned self-generated assets are acquired before April 1, 2001, the option of adopting the fair market
value on the said date is not available.
Fair market value of the asset disclosed under Income Declaration Scheme, 2016
For ‘asset disclosed under Income Declaration Scheme, 2016, fair market value of the asset declared under the scheme on June 1, 2016 (on the
basis of which tax, surcharge and penalty is paid under the scheme) is taken as the cost of acquisition.
However, in such a case, the amount realized by the original shareholder by selling his rights entitlement will be short-term capital gains in his
hands (as the cost is taken as nil).
The period of holding of the rights entitlement will be considered from the date of offer made by the company to subscribe to shares to the date
when such right entitlement is renounced by the person.
2. Right shares purchased by the person in whose favour rights entitlement has been renounced:
In such a case, cost of acquisition is equal to the purchase price paid to renouncer of rights entitlement plus amount paid to the company which
has allotted the rights shares.
1. There is a transfer of land or building or both. The asset may be long-term capital asset or short-term capital asset. It may be depreciable or
non-depreciable asset.
2. The sale consideration is less than the value adopted (or assessed) by any authority of a State Government for the purpose of payment of
stamp duty (hereinafter referred to as “Stamp duty authority”) in respect of such transfer.
If the above conditions are satisfied, the value adopted by the Stamp duty authority shall be taken as ‘full value of consideration’ for the purpose
of computing capital gain. However, ‘full value of consideration’ depends upon the following situations:
Exception:
Where the assessee claims before the Assessing Officer that value adopted by Stamp duty authority is more than the fair market value (but he has
not disputed or challenged such valuation under the Stamp Act), then two possibilities arises:
a. Fair market value determined by the Valuation Officer (if it is less than the stamp duty valuation) is taken as full value of consideration.
b. Stamp duty valuation (if the fair market value determined by the Valuation officer is more than the Stamp duty valuation) is taken as full value
of consideration.
Computation of capital gain in case of transfer of unlisted shares in a company [Sec. 50CA]
Where consideration for transfer of shares in a company (other than quoted shares) is less than the FMV of such share, the FMV shall be deemed to
be the full value of consideration for the purpose of computing “Capital Gains”.
Capital Gains Exempt from Tax
Transfer of residential house property [Sec. 54]: Any gain is exempt subject to the following
conditions:
i. Available to an individual or a HUF
iii. Assessee has purchased another residential house within one year before or within two years after sale of original house or constructed another
house within three years after sale of original house
§ Exemption is available if 1 residential house is purchased or constructed in India. A taxpayer may sell two house properties and he may purchase/
construct 1 house property for the purpose of availing the exemption
Deposit Scheme:
In case, the assessee is not interested in purchasing or constructing the house till due date of filing return of income, he has to deposit the amount
in Capital Gains Deposit Account Scheme till the due date of filing return of income to get the exemption. On the basis of this deposit, exemption
under section 54 can be claimed. But assessee has to actually withdraw the deposited amount and utilize this deposited amount within the
prescribed time limit for purchasing or constructing the house.
In case the deposited amount is not fully utilized in purchasing or constructing the house within eligible time limit, then the unutilised amount will
be taxable as LTCG in the year in which the maximum time limit for making new investment (i.e., 3 years for construction) expires.
§ Withdrawal of exemption:
If the new asset on which exemption is claimed under section 54 is transferred within 3 years of its acquisition/ construction, exemption given will
be taken back. For calculating STCG on transfer of new asset, cost of acquisition will be calculated as original cost of acquisition minus exemption
availed under section 54.
§ Any short-term or long-term capital asset (being agricultural land) is transferred which was used by assessee (or his/ her parents) or a HUF for
agricultural purposes for a period of two years immediately before transfer
§ Assessee has purchased other agricultural lands (whether in rural area or in urban area) within two years from the date of transfer of original
asset
Deposit Scheme:
In case, the assessee is not interested in purchasing the land till due date of filing return of income, he has to deposit the amount in Capital Gains
Deposit Account Scheme till the due date of filing return of income to get the exemption. On the basis of this deposit, exemption under section
54B can be claimed. But assessee has to actually withdraw the deposited amount and utilize this deposited amount within the prescribed time limit
for purchasing the land.
In case the deposited amount is not fully utilized in purchasing the land within eligible time limit, then the unutilised amount will be taxable as
LTCG or STCG (depending upon the original gain) in the year in which the maximum time limit for purchasing land (i.e., 2 years) expires.
Withdrawal of exemption:
If the new asset on which exemption is claimed under section 54B is transferred within 3 years of its acquisition/ construction, exemption given will
be taken back. For calculating STCG on transfer of new asset, cost of acquisition will be calculated as original cost of acquisition minus exemption
availed under section 54B.
Compulsory acquisition of land and building forming part of industrial undertaking [Sec. 54D]
§ Available to all taxpayers
§ Such land or building (short-term or long-term) was used by the assessee for the purpose of the industrial undertaking for at least 2 years
preceding the date of compulsory acquisition
§ Assessee has purchased any other land or building (for industrial purposes) within a period of 3 years from the date of receipt of
compensation or constructed a building within such period
Deposit Scheme:
In case, the assessee is not interested in purchasing land or building or constructing a building till due date of filing return of income, he has to
deposit the amount in Capital Gains Deposit Account Scheme till the due date of filing return of income to get the exemption. On the basis of this
deposit, exemption under section 54D can be claimed. But assessee has to actually withdraw the deposited amount and utilize this deposited
amount within the prescribed time limit for purchasing the land or building or constructing the building.
In case the deposited amount is not fully utilized in purchasing the land or building or constructing the building within eligible time limit, then the
unutilised amount will be taxable as LTCG or STCG (depending upon the original capital gain) in the year in which the maximum time limit for
making new investment (i.e., 3 years) expires.
Withdrawal of exemption:
If the new asset on which exemption is claimed under section 54D is transferred within 3 years of its acquisition/ construction, exemption given will
be taken back. For calculating STCG on transfer of new asset, cost of acquisition will be calculated as original cost of acquisition minus exemption
availed under section 54D.
LTCG from any asset but investment should be in bonds of NHAI or REC or notified bonds [Sec.
54EC]
§ Available to all taxpayers
§ Investment in specified assets [bonds of NHAI or/ and REC] or in any bonds (redeemable after 3 years) issued by any other authority but notified
by the Central Government for this purpose, within 6 months from the date of transfer
§ Amount of exemption is investment in new asset or LTCG, whichever is lower
§ Maximum investment in one financial year is Rs. 50,00,000. Investment made by an assessee in the NHAI/ REC bonds, out of capital gains arising
from transfer of one or more original asset, during the financial year in which the original asset or assets are transferred and in the subsequent
financial year should not exceed Rs. 50,00,000.
Withdrawal of exemption:
If the new asset is transferred within 3 years of its acquisition or converted into money, exemption will be taken back and the amount of exemption
given earlier under section 54EC will become LTCG of the year in which the assessee commits the default.
LTCG from any asset but investment should be in units of a specified fund [Sec. 54EE]
§ Available to all taxpayers
§ Investment in units of a specified fund within 6 months from the date of transfer
§ Maximum investment in one financial year is Rs. 50,00,000. Investment made by an assessee in long-term specified assets, out of capital gains
arising from transfer of one or more original asset, during the financial year in which the original asset or assets are transferred and in the
subsequent financial year should not exceed Rs. 50,00,000.
Withdrawal of exemption:
If the new asset is transferred within 3 years of its acquisition or converted into money, exemption will be taken back and the amount of exemption
given earlier under section 54EE will become LTCG of the year in which the assessee commits the default.
Sale of any long-term capital asset other than a residential house [Sec. 54F]
§ Available to an individual or a HUF
§ The taxpayer will have to purchase/ construct 1 residential house property within the specified period in India.
§ The specified period is 1 year before, or within 2 years after the date of transfer of the original asset in case of purchase option. However, in
case of construction option, the construction should be completed within 3 years from the date of transfer of original asset.
§ Under section 54F, exemption is available only if on the date of transfer of the original asset, the taxpayer does not own more than one
residential house property (other than the new house on which exemption under section 54F is claimed).
§ Deposit Scheme:
In case, the assessee is not interested in purchasing or constructing the house till due date of filing return of income, he has to deposit the amount
in Capital Gains Deposit Account Scheme till the due date of filing return of income to get the exemption. On the basis of this deposit, exemption
under section 54F can be claimed. But assessee has to actually withdraw the deposited amount and utilize this deposited amount within the
prescribed time limit for purchasing or constructing the house.
In case the deposited amount is not fully utilized in purchasing or constructing the house within eligible time limit, then the
proportionate unutilised amount (
X Unutilised amount)will be taxable as LTCG in the year in which the maximum time limit for making new investment (i.e.,
3 years for construction) expires.
§ Withdrawal of exemption:
1. If the new house on which exemption is claimed under section 54F is transferred within 3 years of its acquisition/ construction, capital gain
which arises on the transfer of new house will be taken as STCG. Besides, the capital gain which was exempt under section 54F shall be treated as
LTCG of the year in which the new house is transferred.
2. If the assessee purchases, within a period of 2 years from the date of transfer of original asset (or constructs within a period of 3 years from
the date of transfer of original asset), anther residential house (other than the new house on which exemption under section 54F is claimed), then
the capital gain which was exempt under section 54F shall be deemed to be income by way of LTCG of the year in which such another residential
house is purchased or constructed.
S.No. Basis Section 54 Section 54B Section 54D
Purchase or Construct only one using Agricultural Land so Building for the purpose of
House within the specified time transferred for a period of Industrial Undertaking for a
c.) The House so purchased or c.) The Land so c.) The Land and Building so
Capital Gain
Accounts
5) Applicable Applicable Applicable
Scheme,1988
Applicability*
If Assesse Violates Condition c.) Condition c.) stated above Condition c.) stated above
stated above Exemption earlier Exemption earlier allowed Exemption earlier allowed
6) Consequences special manner i.e. While special manner i.e. While manner i.e. While
Computing Capital Gains, Cost of Computing Capital Gains, Computing Capital Gains,
Acquisition shall be reduced by the Cost of Acquisition shall Cost of Acquisition shall be
amount of exemption earlier taken. be reduced by the amount reduced by the amount of
If net taxable income excluding LTCG and STCG of section 111A is less than the exemption limit (i.e., Rs. 5,00,000; Rs. 3,00,000 or Rs. 2,50,000,
depending upon the case) of an assessee, then the difference between net taxable income (after deducting LTCG and STCG of section 111A) and
exemption limit is the amount of relief. This difference (i.e. relief) will be deducted from LTCG or STCG of section 111A, as the case may be and on
the balance amount, capital gain will be chargeable to tax.
2. STCG (if covered under section 111A) is taxable @ 15% + Surcharge (if any) + Cess @ 4% and normal STCG is taxable as per slab rates of the
assessee.
3. No deduction under section 80C to 80U is available from LTCG or from STCG under section 111A.
4. LTCG is taxable @ 20% + Surcharge (if any) + Cess @ 4%. However, in the following 2 cases, LTCG can be taxable @ 10% + Surcharge (if any)
+ Cess @ 4%.
a. If unlisted securities (i.e., unlisted shares, unlisted debentures, etc.) are transferred by a non-resident/ foreign company, long-term capital
gain is taxable @ 10% + Surcharge (if any) + Cess @ 4%. However, this rule is applicable only if indexation benefit is not claimed and capital gain is
calculated without giving effect to the first proviso to section 48 (under first proviso to section 48, capital gain is calculated in foreign currency if a
few conditions are satisfied).
b. If listed securities (i.e., shares, bonds, debentures, Government Securities) or zero-coupon bonds are transferred by any taxpayer and the
taxpayer does not avail the benefit of indexation, LTCG can be taxable @ 10% + Surcharge (if any) + Cess @ 4%. In this case, the taxpayer has an
option available. Tax can be paid by the assessee @ 20%, if indexation benefit is claimed or @ 10%, if indexation benefit is not claimed.
However, it is to be noted that in case of transfer of listed debentures or listed bonus shares, option of paying tax @ 10% is always better.
Problems & Solutions on Capital Gains
1. Miss Latha brought a Diamond Stud in August 2005 for Rs. 3,60,000 she sold
this diamond stud for Rs. 15,60,000 in January 2021. Calculate taxable capital
gains if the expenses on transfer were Rs. 20,000.
a. If the diamond stud was brought on August 1984 for Rs. 45,000
Solution:
Computation of Taxable Capital Gain
Assesse: Miss Latha AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS AMOUNT(RS.) AMOUNT(RS.)
Solution:
Computation of Taxable Capital Gain
Assesse: Mr. Anand AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS AMOUNT(RS.) AMOUNT(RS.)
Sale Consideration 10,00,000
Less: Transfer expenses -
2. Mr. Xavier purchased the property on 01.04.1998 for Rs. 1,00,000. Addition
of first floor was made by Xavier for Rs 1,10,000 during 2002-03. He gives
his property to his friend. Mr. Yogender on 15-05-2004. Mr. Yogender sold
this property on 01-12-2020 for Rs 15,00,000 FMV of the property as on 01-
04-2001 Rs 4,00,000. Compute the taxable capital gain of Mr. Yogender for
the assessment year 2021-22
Solution:
Computation of Taxable Capital Gain
Assesse: Mr. Yogender AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS AMOUNT(RS.) AMOUNT(RS.)
Sale Consideration 15,00,000
Less: Transfer expenses -
Net Sale Consideration 15,00,000
Less: Indexed Cost of Acquisition
= 4,00,000 x 301/100 12,04,000
Less: Indexed Cost of Improvement
= 1,10,000 x 301/105 3,15,333 (15,19,333)
Taxable Long-Term Capital Loss Rs. (19,333)
Solution:
Computation of Taxable Capital Gain
Assesse: Miss Vimala AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS HP - I HP - II Jewellery
AMOUNT(RS.) AMOUNT(RS.) AMOUNT(RS.)
Sale Consideration 18,50,000 8,50,000 9,00,000
Less: Transfer expenses - 47,800 -
Net Sale Consideration 18,50,000 8,02,200 9,00,000
Less: Indexed Cost of
Acquisition (5,71,900)
HP – I = 1,90,000 x (3,64,000)
301/100 (1,64,781)
HP – II = 1,56,000 x
301/129 (6500)
Jewellery = 75,000 x
301/137
Less: Indexed Cost of
Improvement
HP – I = 6,500 x
301/301
Taxable Long-Term Rs. 12,71,600 Rs. 4,38,200 Rs. 7,35,219
Capital Gain
Computation of Taxable Capital Gain
Assesse: Miss Vimala AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS Motor Car
AMOUNT(RS.) AMOUNT(RS.)
Sale Consideration 90,000
Less: Transfer expenses -
Net Sale Consideration 90,000
Less: Cost of Acquisition 76,000
Less: Cost of Improvement - (76,000)
Taxable Short-Term Capital Gain Rs. 14,000
1. Mr. Amith sells a residential house property for Rs.38,00,000 on 24/12/2020.
This was purchased by him in 1982 for Rs. 2,00,000. Its fair market value as
on 1/4/2001 is 10,00,000. He purchased a new house property for
Rs.15,00,000 on 20/1/2021 and deposited Rs.2,00,000 in Capital Gain
Account Scheme on 30/03/2021. Determine the capital gain for the AY 2021-
2022.
Solution:
Computation of Taxable Capital Gain
Assesse: Mr. Amith AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS AMOUNT(RS.) AMOUNT(RS.)
Sale Consideration
Less: Transfer expenses 38,00,000
-
Net Sale Consideration 38,00,000
2. Mr. Murthy bought 1000 equity shares of S Ltd in May 2003 at Rs. 40 per
share and he paid brokerage of 1%. He received bonus shares in the ratio of
1:1 in June 2008. Again, he was allotted Right share in the ratio of 1:1 in April
2013 @Rs. 75 per share. He sold all the shares in December 2020 at Rs. 150
per share and he paid brokerage of 0.5%. Compute the taxable capital gain for
the AY 2021-22.
Solution:
Computation of Taxable Capital Gain
Assesse: Mr. Murthy AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS 1000 1000 2000 4000
Ordinary Bonus Right Total
AMOUNT(RS.) AMOUNT(RS.) AMOUNT(RS.) AMOUNT(RS.)
Sale Consideration 1,50,000 1,50,000 3,00,000 6,00,000
(x150)
Less: Transfer
expenses 750 750 1500 3000
Net Sale 1,49,250 1,49,250 2,98,500 5,97,000
Consideration
Less: Indexed Cost
of Acquisition
Ordinary = 1,11,563 NIL 2,05,227
1000x40 = 40000 -
+1% (3,16,790)
= - -
40,400 x 301/109
Right =
2000x75 = 1,50,000
=
1,50,000 x 301/220
Less: Indexed Cost
of Improvement
Taxable Long- Rs. 37,687 Rs. 1,49,250 Rs. 93,273 Rs. 2,80,210
Term Capital
Gain
3. Mr Chandran sold the following assets:
a. Agricultural Land situated at Mysore was sold for Rs 3,50,000 . It was
purchased in 2008-09 for Rs 1,50,000.
b. Personal car sold for Rs 40,000 which was purchased in 2010-11 for Rs
2,10,000. WDV as on 1/4/2020 Rs 30,000
c. Jewellery sold for Rs 29,00,000 was purchased on 15th October 1982 for
Rs 1,20,000 and the FMV as on 1/4/2001 was Rs 9,50,000.
d. Office furniture sold for Rs 5,000 purchased In December 2003 for Rs
20,000 and WDV as on 1/4/2020 Rs 6,000.
e. Listed Debentures sold for Rs 50,000 was purchased on 15 October 2006
for Rs 45,000.
f. Shop located near Mangalore sold for Rs 8,00,000 which was purchased
for Rs 6,50,000 in November 2014.
The assesse purchased a new residential flat for Rs 10,00,000. Compute
the taxable capital gains for the Assessment Year 2021-22.
Solution:
Computation of Taxable Capital Gain
Assesse: Mr Chandran AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS Agricultural Jewellery Shop Debentures Total
(RS.) (RS.) AMOUNT(RS.)
Land (RS.) (RS.)
Sale Consideration 3,50,000 29,00,000 8,00,000 50,000 41,00,000
Less: Transfer - - - - -
expenses
Net Sale 3,50,000 29,00,000 8,00,000 50,000 41,00,000
Consideration
Less: Indexed Cost
of Acquisition 3,29,562
Agri. Land = 28,59,500
1,50,000 x 301/137 8,15,208 45,000
Jewellery = - - - - (40,49,270)
9,50,000 x 301/100
Shop =
6,50,000 x 301/240
Less: Indexed Cost
of Improvement
Long-Term Rs. 20,438 Rs. 40,500 Rs. (15,208) Rs. 5000 Rs. 50,730
Capital Gain
Less: Exemptions
under section 54 F
Purchased HP – Rs.
10,00,000 it is less (19,981)
than Net Sale
Consideration
= 65,938 x
10,00,000/33,00,000
Taxable Long- Rs. 30,749
Term Capital Gain
2. During the year ended 31/3/2021, Mr Kumar sold the following assets.
Compute the taxable Capital Gains:
a. Shop purchased in 2002-03 for Rs 60,000 and sold during the year for Rs
1,70,000
b. Machinery purchased in 2009-10 for Rs 60,000 (WDV Rs 45,000) and
sold for Rs 70,000
c. Household furniture purchased on 1/5/2018 for Rs 2,000 and sold for Rs
2500.
d. Machinery (WDV as on 1/4/2020 Rs 12,000) is sold for Rs 14,000.
e. Agricultural Land purchased in 2000-01 for Rs 15,000 (FMV as on
1/4/2001 Rs 80,000) was sold for Rs 3,00,000.
f. Residential House Property purchased in 2004-05 for Rs 90,000 was
sold for Rs 2,80,000.
g. During the year he bought another house property for residential purpose
for Rs 1,70,000.
Solution:
Computation of Taxable Capital Gain
Assesse: Mr Kumar AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS Shop Agricultural Residential HP Total
(RS.) land (RS.) (RS.) AMOUNT(RS.)
Sale Consideration 1,70,000 3,00,000 2,80,000 7,50,000
Less: Transfer expenses - - - -
Net Sale Consideration 1,70,000 3,00,000 2,80,000 7,50,000
Less: Indexed Cost of
Acquisition 1,72,000
Shop = 60,000 x 301/105 2,40,800
Agri. Land = 80,000 x 2,39,735
301/100 - - - (6,52,535)
Residential HP = 90,000 x
301/113
Less: Indexed Cost of
Improvement
Long-Term Capital Gain Rs. Rs. 59,200 Rs. 40,265 Rs. 97,465
(2,000)
Less: Exemptions under
section 54
Purchased HP – Rs. 1,70,000 (40,265)
(or)
Capital Gain – 40,265
(WEL)
= 2,03,848 x 2,50,000/3,28,000
Taxable Long-Term Capital Gain Rs. (2,000) Rs. 59,200 NIL Rs. 57,200
3. Mr Durga prasad gives you the following information. Compute the taxable
capital Gains:
a. Agricultural Land in Chennai purchased in 2003-04 for Rs 4,25,000 (CII
109) has been sold for Rs 12,50,000 ON 1/8/2020 by paying brokerage
of Rs 25,000 .He purchased another agricultural land in a village for Rs
2,50,000 on 10/6/2020.
b. Household furniture and music system purchased on 1/1/2004 for Rs
22,000 and is sold for Rs 30,000 on 5/12/2020.
c. Machinery purchased on 1/1/2003 for Rs 40,000 (CII 109) is sold for Rs
15,000 on 1/4/2019. The WDV of the machinery on 1/4/2020 was Rs
25,000.
d. Sold a residential house for Rs 40,00,000 on 31/3/2021. The house was
gifted by his mother-in-law in July 1980. The house was purchased by
her in 1999 for Rs 5,00,000 (FMV on 1/4/2001 was Rs 11,50,000)
Additions were made by him on January 1, 2007, by spending Rs
1,10,000. The commission paid on Sales is Rs 30,000. He purchased
another residential property for Rs 2,25,000 and deposited Rs 7,50,000
under Capital Gains Account Scheme on 30/6/2021)
e. Debentures purchased in Dec 2017 for Rs 30,000 were sold for Rs
55,000 on 1/11/2020.
f. Sold 200 Bonus shares of a company on 1/2/2021 for Rs 250 per share
by paying a brokerage of 1% on the selling price. These bonus shares
were issued on 1/4/2003 and the market price of these shares on the date
of issue were Rs 100 per share.
Solution:
Computation of Taxable Capital Gain
Assesse: Mr Durga prasad AY: 2021-22
Status: Resident PY: 2020-21
PARTICULARS Agricultural Residential HP Debentures Shares
land (RS.) (RS.) (RS.) (RS.)
Sale Consideration 12,50,000 40,00,000 55,000 50,000
Less: Transfer expenses 25,000 30,000 - 500
Net Sale Consideration 12,25,000 39,70,000 55,000 49,500
Less: Indexed Cost of
Acquisition 11,73,624
Agri. Land = 4,25,000 x 34,61,500 30,000 -
301/109
Residential HP = 11,50,000 x - 2,71,393 - -
301/100
Less: Indexed Cost of
Improvement
Residential HP = 1,10,000 x
301/122
Long-Term Capital Gain Rs. Rs. Rs. 25,000 Rs. 49,500
51,376 2,37,107
Less: Exemptions under
section 54 B
Purchased Agri. Land – Rs. (51,373)
2,50,000 (or)
Capital Gain – 51,373
(WEL) (2,37,107)
Exemptions under section 54
Purchased HP – Rs. 2,25,000
CG a/c Scheme – Rs. 7,50,000
= Rs. 9,75,00
(or) Capital Gain – 2,37,107
(WEL)
Taxable Long-Term Capital NIL NIL Rs. 25,000 Rs. 49,500
Gain