Income Tax

LTCG on equity shares-Draft notification u/s 112A for withdraw of exemption u/s 10(38)

LTCG on equity shares-draft notification u/s 112A for withdraw of exemption u/s 10(38) of the Income-tax Act for comments/ suggestions

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

New Delhi, 24th April, 2018

PRESS RELEASE

Notification under section 112A as inserted by Finance Act, 2018 – Seeking comments of stakeholders

Finance Act, 2018 has withdrawn the exemption under clause (38) of section 10 of the Income-tax Act, 1961 (the Act) and has introduced a new section 112A in the Act, to provide that long term capital gains arising from transfer of a long-term capital asset being an equity share in a company or a unit of an equity oriented fund or a unit of a business trust shall be taxed at 10 per cent of such capital gains exceeding one lakh rupees. The said section, inter alia, provides that the provisions of the section shall apply to the capital gains arising from a transfer of long-term capital asset being an equity share in a company, only if securities transaction tax (STT) has been paid on acquisition and transfer of such capital asset.

However, to provide the applicability of the tax regime under section 112A of the Act to genuine cases where the STT could not have been paid, it has also been provided in sub-section (4) of section 112A of the Act that the Central Government may specify, by notification, the nature of acquisitions in respect of which the requirement of payment of STT shall not apply in the case of acquisition of equity share in a company.

In order to have wider consultation in this matter, the draft of notification proposed to be issued under section 112A (4) of the Act has been uploaded on www.incometaxindia.gov.in. Stakeholders are requested to submit their comments/ suggestions on the draft notification by 30th April, 2018 at the e-mail address dirtpl2@nic.in.

(Surabhi Ahluwalia)
Commissioner of Income Tax
(Media & Technical Policy) Official Spokesperson, CBDT.

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Addition u/s 68 deleted as AO failed to find any discrepancy in details submitted

Addition u/s 68 deleted as AO failed to find any discrepancy in details of creditors submitted by the assessee In…

4 hours ago
  • Empanelment

Jharkhand Rajya Gramin Bank-Empanelment of retired officers as Concurrent auditors

Jharkhand Rajya Gramin Bank - Empanelment of retired officers of banks as Concurrent auditors on contract basis Jharkhand Rajya Gramin…

5 hours ago
  • Income Tax

Book Profit u/s 115JB can not be computed as per cash basis of accounting

Book Profit u/s 115JB to be computed as per Profit & Loss Account prepared under Schedule III of the Companies…

7 hours ago
  • Income Tax

Order not in conformity of Faceless Assessment Scheme if not est? – ITAT remands case

Order not in conformity of Faceless Assessment Scheme 2019 if not est? - ITAT remands the case in view of…

2 days ago
  • FCRA

Extension of the validity of FCRA registration certificates till 30.09.2024

Extension of the validity of FCRA registration certificates till 30.09.2024 Home Ministry has decided to extend the validity of FCRA…

2 days ago
  • Income Tax

Section 68 to 69B applicable only if assessee is required to maintain books of accounts

Provisions of section 68 to 69B applicable only if assessee is required to maintain books of accounts under provisions of…

3 days ago