CAPITAL GAINS. CAPITAL GAIN Capital asset” is defined to mean property of any kind, held by the assessee, whether or not connected with his business or.

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Presentation transcript:

CAPITAL GAINS

CAPITAL GAIN Capital asset” is defined to mean property of any kind, held by the assessee, whether or not connected with his business or profession. ‘Property’ may be tangible or intangible. Land, buildings, vehicles, goodwill, tenancy rights, leaseholds rights, licenses, patents, trademarks etc. are some examples of capital assets..

EXCLUDES SPECIFIED ASSETS The following assets are, however, excluded from the definition of “capital assets”: 1)any stock-in-trade, consumable stores or raw material held for the purpose of business or profession (whose sale is taxed as profits from business). 2)personal effects of the assessee, i.e. movable property, including wearing apparel and furniture, held for his personal use or for the use of any member of his family dependent upon him; excluding jewellery; ornaments of gold, silver, platinum or any precious metal (even if worked or sewed into any wearing apparel); precious or semi-precious stones (even if set in any furniture, utensil or wearing apparel); archaeological collections; drawings; paintings; sculptures or any work of arts. 3) agricultural land in India, which is not situated in an urban area i.e. in any area within the jurisdiction of a municipality or a cantonment board having a population of 10,000 or more; orin any notified area, within 8 Kilometers of an area.

SHORT TERM CAPITAL ASSET Capital assets are divided into two types - short term assets and long term assets. Normally, “short-term capital asset” means a capital asset held by an assessee for not more than 36 months immediately prior to its date of transfer. However, in the following cases, an asset, held for not more than 12 months, is treated as short-term capital asset— 1)Equity-or preference shares in a company (whether shares are quoted or not). 2) Securities (like debentures, Government securities) listed in a recognised stock exchange in India. 3)Units of Unit Trust of India (whether quoted or not). 4)Units of mutual funds specified under section 10(23D) (whether quoted or not). 5)Zero Coupon Bond.

LONG TERM CAPITAL ASSET An asset other than a short-term capital asset is regarded as a long-term capital asset. Thus, shares/securities/units held for 12 months (or more) or any other asset held for 36 months (or more) are long term assets. Gains from transfer of long term capital assets give rise to long term capital gains