top of page
  • Writer's pictureNyayasastra

Understanding Capital Gains and Long-Term Capital Gains in Indian Taxation Law

The dynamic world of taxation has a significant bearing on financial transactions, especially when it comes to understanding capital gains and long-term capital gains. Grasping these crucial aspects of the Income Tax Act, 1961 is vital for better financial planning and to minimise tax liability.

Defining Capital Gains

Capital Gains, as defined in Section 45 of the Income Tax Act, 1961, refer to the profits or gains that an individual or a company earns from the sale or transfer of a capital asset, held as investments or business assets. This gain is charged to tax in the year in which the transfer of the capital asset takes place.

Classifying Capital Gains: Short Term & Long Term

The Income Tax Act, 1961 classifies capital gains into two categories - Short Term Capital Gains (STCG) and Long Term Capital Gains (LTCG).

  1. Short Term Capital Gains (STCG): If a capital asset is held for a period of 36 months or less before its transfer, the gain arising from its transfer is termed as Short Term Capital Gain. However, for certain assets like shares, securities, etc., this period is 12 months.

  2. Long Term Capital Gains (LTCG): If a capital asset is held for a period exceeding 36 months (12 months for specific assets), the gain from its transfer is categorised as Long Term Capital Gain. The period of holding to determine the nature of capital gain varies with the type of asset.

Determining Long-Term Capital Gains

Section 112 and Section 112A of the Income Tax Act govern the taxation of LTCG. The calculation of LTCG can be summarised as:

Sale Consideration - Indexed Cost of Acquisition - Indexed Cost of Improvement - Exemptions under sections 54 to 54GB = Long Term Capital Gain

The concept of indexation is applied to adjust the cost of acquisition and improvement against inflation over the holding period.

Tax Rates on Long-Term Capital Gains

The tax rate on LTCG depends on the type of capital asset. For instance, LTCG on sale of equity shares and equity-oriented mutual funds, where Securities Transaction Tax (STT) is payable, are taxed at a flat rate of 10% without indexation, under Section 112A, provided the gain exceeds Rs. 1 lakh. Other assets, like property, are taxed at 20% with the benefit of indexation.

Important Case Law on Capital Gains

The landmark Supreme Court judgement in the case of 'B.C. Srinivasa Setty (1981) 128 ITR 294 (SC)' set a crucial precedent. The court ruled that if the cost of acquisition of a capital asset cannot be ascertained, it is impossible to compute capital gains, and hence, the income is not chargeable to tax.

Conclusion: The Importance of Understanding Capital Gains

Understanding the nuances of capital gains and long-term capital gains is critical to strategising financial investments and disposals effectively. It not only helps in accurate calculation of tax liability but also provides opportunities for efficient tax planning through exemptions and deductions.

15 views0 comments


Nyayasastra Cover_edited.jpg

Try Nyayasastra Today!

Fill your details and be the first to experience India's First AI Powered Law Learning Engine

Thanks for submitting!

bottom of page