What is transfer
1. the sale, exchange or relinquishment of the asset. (Tenancy rights)
2. the extinguishment of any rights therein. Extinguishment covers destruction of the assets. e.g. Termination of a lease; Redemption of preference shares/debentures.
3. the compulsory acquisition of the asset by the Govt.
4. Conversion of asset into stock-in-trade.
5. Possession of any immovable property in part performance of a contract.
Date of possession : 1-1-2017 Date of registration : 1-4-2017 YOC : 16-17
6. any transaction which has the effect of transferring, or enabling the enjoyment of, any immovable property. [It is by becoming a member in a co-operative society, company or other association of persons]
7. Maturity or redemption of zero coupon bond.
Note : The capital gain arises only on “transfer” of a capital asset i.e. where there is no ‘transfer’ there is no capital gain.
E SRCC (Asset) or E : Exchange sale relinquishment conversion compulsory acquisition or extinguishment of any rights therein.
What is “not transfer”
1. Transfer of assets under a gift or will or inheritance.
2. Refer extra topics.
Note 1: Since the above said transactions are not treated as transfer, hence, no capital gain arises.
P1: X owns 1,000 partly paid-up shares in a company. These shares have been forfeited by the company for non-payment of call money. X wants to claim Rs 8,000 (i.e., amount paid at the time of application and allotment) as short-term capital loss. Is the claim of X tenable ?
Hint: Yes. Forfeiture of shares amounts to transfer u/s 2(47). Transfer in relation to capital asset includes extinguishment of any rights therein. In the above question since X’s rights in the shares has extinguished, therefore X is entitled to claim short term capital loss of Rs 8,000. If there is a forfeiture of application money shares do not come into existence. There do not exists capital assets. Therefore no loss arises under the head capital gain.
Full value of consideration | xxx | |
(-) Cost of Acquisition (COA) | (xxx) | |
(-) Cost of Improvement (COI) | (xxx) | |
(-) Expenses on transfer | (xxx) | |
Capital Gain |
| xxx |
Note 1: In case of transfer of long term capital asset, indexed cost of acquisition and indexed cost of improvement shall be subtracted.
1. Indexed cost of acquisition
2. Indexed cost of improvement
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1. What is a transfer in terms of taxation? |
2. What is considered as not a transfer for taxation purposes? |
3. What is capital gain in taxation? |
4. How is capital gain taxed? |
5. Are there any exemptions or deductions available for capital gains tax? |
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