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Income From
Capital Gain

The profit or gains arising from the transfer of a capital asset made in the previous year will be charged to income tax under the head”Capital gains”. Such capital gains will be considered the income of the previous year in which the transfer took place.

The Capital Gains have been divided in two parts under Income Tax Act 1961. One is short term capital gain and other is long term capital gain.

Short Term Capital Gains: If any taxpayer has sold a Capital asset within 36 months and Shares or securities within 12 months

 Long Term Capital Gain: A Capital Asset held for more than 36 months and 12 months in case of shares or securities is a long term capital asset and the gain arising therefrom is a long term capital gain.

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Tax on Short-Term and Long-Term Capital Gains

Tax TypeConditionTax applicable
Long-term capital gains taxExcept on sale of equity shares/ units of equity oriented fund20%
Long-term capital gains taxOn sale of Equity shares/ units of equity oriented fund10% over and above Rs 1 lakh
Short-term capital gains taxWhen securities transaction tax is not applicableThe short-term capital gain is added to your income tax return and the taxpayer is taxed according to his income tax slab.
Short-term capital gains taxWhen securities transaction tax is applicable15%.
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CAPITAL GAIN COMPUTATION

Computation of Short term Capital Gains Section 48

Short term capital gain shall be computed in the manner given below:

Full Value of Considerationxxx
Less: 
– Cost of Acquisition xxx
– Cost of Improvement xxx
– Selling Expenses  xxx
Short Term Capital Gain  xxx
Computation of Long term Capital Gains Section 48  Long term capital Gain shall also be computed in the similar manner but instead of cost of acquisition and cost of improvement, indexed cost of acquisition and indexed cost of improvement shall be taken into consideration. Long term capital Gain shall be computed in the manner given below:
Full Value of Considerationxxx
Less:
– Indexed Cost of Acquisition  xxx
– Selling Expensesxxx
Long Term Capital Gain  xxx
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Indexed cost of acquisition: – means the cost adjusted as per cost inflation index. i.e.

Indexed Cost of acquisition =Cost of acquisition x Index of the year in which the asset was transferred Index of the year in which the asset was purchased.

Indexed cost of any improvement: – means the cost adjusted as per cost inflation index. i.e

Indexed Cost of improvement =Cost of improvement x Index of the year in which the asset was transferred Index of the year in which cost was incurred.