Taxmann's Law Relating to Capital Gains – Answering 1200+ questions, divided into 680+ topics, spread over 55 chapters and covering 3000+ case laws on capital gains [Finance Act 2023]

Taxmann's Law Relating to Capital Gains – Answering 1200+ questions, divided into 680+ topics, spread over 55 chapters and covering 3000+ case laws on capital gains [Finance Act 2023] PDF Author: D.C. Agrawal
Publisher: Taxmann Publications Private Limited
ISBN: 9357780238
Category : Law
Languages : en
Pages : 60

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Book Description
This book is a treatise on 'Capital Gains' under the Income-tax Act. It contains every aspect of the law on the subject matter, which one would wish to know, understand, and search for. This book is presented in a 'question & answer' format, where the answers are crafted with utmost care and precision. The answers also incorporate all aspects of the issue arising from the questions. The coverage of the book includes the following: • 1,200+ Questions & Answers • 680+ Topics • 55 Chapters • 3,000+ Case Laws This book will be helpful for Departmental officers, litigants, and tax professionals to understand the all-important and recurring issues that arise in Capital Gains. The Present Publication is the Latest 2023 Edition and has been amended by the Finance Act 2023. This book is authored by D.C. Agrawal and Sanjiv Dutt, with the following noteworthy features: • [Lucid Explanation] of various provisions of the Income-tax Act relating to Capital Gains • [3000+ Case Law based Analysis with 'Relevant' Factual Matrix] that has been considered in the judgement that is being referred • [Amended & Updated] The newly substituted provisions as per the Finance Act 2023 have been incorporated and explained in a manner that both the experts & beginners can understand with ease • [Analysis New Topics] such as: o Capital Gains and Business Trusts o Capital Gains in International Financial Services Centre (IFSC) o Capital Gains under International Taxation o Other Provisions Relating to Capital Gains The structure of the book is as follows: • Question and Answer Format • Bare Provisions Relating to Capital Gains and the Amendments • Analysis of the Provisions • Chapter-end Summaries • Check Points for Tax Planning The contents of the book are as follows: • Chapters 2 to 6 guide on the issues relating to the following: o Exempted Capital Gains o Capital Asset o Long-Term and Short-Term Capital Assets/Gains o Scope of Transfer • Chapter 7 provides a comparison between Business Income and Capital Gains • Chapters 8 to 13 provide deep insight into various aspects of Section 45, which includes the following: o [Section 45(3)] – Entry of New Partner/Member in the Firm/AOP/BOI o [Section 45(4)] – Distribution of Assets on Dissolution of the Firm o [Section 45(4) and 9B] – Reconstitution of Firm/Specified Entity o [Section 45(5)] – Joint Development Agreements • Chapters 14 and 15 explain the intricacies involved in charging Capital Gains on the distribution of assets by the companies in liquidation and buyback of shares by the companies covered u/s 46 and 46A • Chapters 16 and 17 explain how in some instances transaction will not be a transfer and when capital gains exempted earlier will be charged as covered u/s 47 and 47A • Chapters 18 and 19 highlight the mode of computation of capital gains and indexation as provided u/s 48 • Chapters 20 and 21 cover issues relating to the determination of the cost of acquisition as contained in Section 49 • Chapters 22 to 27 provide special provisions for the determination of the cost of acquisition or full value of consideration in specific cases such as: o Market Linked Debentures o Slump Sale o Transfer of Immovable Properties or unquoted shares, or in residuary cases as contained in Sections 50, 50A, 50AA, 50B, 50C, 50CA and 50D. • Chapter 28 provides treatment of money received in advance during the transfer of Capital Assets as contained in Section 51 • Chapters 29 to 44 cover issues relating to exemption from Capital Gains arising on the transfer of long-term capital asset • Chapter 45 covers issues relating to the cost of acquisition in certain cases, as provided in Section 55 • Chapter 46 covers issues arising from the Reference to Valuation Cell as contained in Section 55A • Chapter 47 covers issues relating to set off and carry forward of capital loss • Chapters 48 to 50 discuss issues relating to rates of Capital Gains, or charge of Capital Gains on non-resident entities and funds or Alternative Tax regimes for NRIs • Chapters 51 to 54 cover the special cases relating to the charge of Capital Gains on Business Trust, in IFSC, under International Taxation and residuary provisions related to the charge of tax on transferees • Chapter 55, being FAQs, provides valuable answers to the possible queries arising in the mind of taxpayers intending to dispose of their long-term capital asset and invest in residential house

Taxmann's Law Relating to Capital Gains – Answering 1200+ questions, divided into 680+ topics, spread over 55 chapters and covering 3000+ case laws on capital gains [Finance Act 2023]

Taxmann's Law Relating to Capital Gains – Answering 1200+ questions, divided into 680+ topics, spread over 55 chapters and covering 3000+ case laws on capital gains [Finance Act 2023] PDF Author: D.C. Agrawal
Publisher: Taxmann Publications Private Limited
ISBN: 9357780238
Category : Law
Languages : en
Pages : 60

Get Book Here

Book Description
This book is a treatise on 'Capital Gains' under the Income-tax Act. It contains every aspect of the law on the subject matter, which one would wish to know, understand, and search for. This book is presented in a 'question & answer' format, where the answers are crafted with utmost care and precision. The answers also incorporate all aspects of the issue arising from the questions. The coverage of the book includes the following: • 1,200+ Questions & Answers • 680+ Topics • 55 Chapters • 3,000+ Case Laws This book will be helpful for Departmental officers, litigants, and tax professionals to understand the all-important and recurring issues that arise in Capital Gains. The Present Publication is the Latest 2023 Edition and has been amended by the Finance Act 2023. This book is authored by D.C. Agrawal and Sanjiv Dutt, with the following noteworthy features: • [Lucid Explanation] of various provisions of the Income-tax Act relating to Capital Gains • [3000+ Case Law based Analysis with 'Relevant' Factual Matrix] that has been considered in the judgement that is being referred • [Amended & Updated] The newly substituted provisions as per the Finance Act 2023 have been incorporated and explained in a manner that both the experts & beginners can understand with ease • [Analysis New Topics] such as: o Capital Gains and Business Trusts o Capital Gains in International Financial Services Centre (IFSC) o Capital Gains under International Taxation o Other Provisions Relating to Capital Gains The structure of the book is as follows: • Question and Answer Format • Bare Provisions Relating to Capital Gains and the Amendments • Analysis of the Provisions • Chapter-end Summaries • Check Points for Tax Planning The contents of the book are as follows: • Chapters 2 to 6 guide on the issues relating to the following: o Exempted Capital Gains o Capital Asset o Long-Term and Short-Term Capital Assets/Gains o Scope of Transfer • Chapter 7 provides a comparison between Business Income and Capital Gains • Chapters 8 to 13 provide deep insight into various aspects of Section 45, which includes the following: o [Section 45(3)] – Entry of New Partner/Member in the Firm/AOP/BOI o [Section 45(4)] – Distribution of Assets on Dissolution of the Firm o [Section 45(4) and 9B] – Reconstitution of Firm/Specified Entity o [Section 45(5)] – Joint Development Agreements • Chapters 14 and 15 explain the intricacies involved in charging Capital Gains on the distribution of assets by the companies in liquidation and buyback of shares by the companies covered u/s 46 and 46A • Chapters 16 and 17 explain how in some instances transaction will not be a transfer and when capital gains exempted earlier will be charged as covered u/s 47 and 47A • Chapters 18 and 19 highlight the mode of computation of capital gains and indexation as provided u/s 48 • Chapters 20 and 21 cover issues relating to the determination of the cost of acquisition as contained in Section 49 • Chapters 22 to 27 provide special provisions for the determination of the cost of acquisition or full value of consideration in specific cases such as: o Market Linked Debentures o Slump Sale o Transfer of Immovable Properties or unquoted shares, or in residuary cases as contained in Sections 50, 50A, 50AA, 50B, 50C, 50CA and 50D. • Chapter 28 provides treatment of money received in advance during the transfer of Capital Assets as contained in Section 51 • Chapters 29 to 44 cover issues relating to exemption from Capital Gains arising on the transfer of long-term capital asset • Chapter 45 covers issues relating to the cost of acquisition in certain cases, as provided in Section 55 • Chapter 46 covers issues arising from the Reference to Valuation Cell as contained in Section 55A • Chapter 47 covers issues relating to set off and carry forward of capital loss • Chapters 48 to 50 discuss issues relating to rates of Capital Gains, or charge of Capital Gains on non-resident entities and funds or Alternative Tax regimes for NRIs • Chapters 51 to 54 cover the special cases relating to the charge of Capital Gains on Business Trust, in IFSC, under International Taxation and residuary provisions related to the charge of tax on transferees • Chapter 55, being FAQs, provides valuable answers to the possible queries arising in the mind of taxpayers intending to dispose of their long-term capital asset and invest in residential house

Taxmann’s Taxation of Capital Gains – In-depth, thorough & chapter-wise analysis of each aspect of capital gains with the help of case laws, illustrations and case studies | Finance Act 2023

Taxmann’s Taxation of Capital Gains – In-depth, thorough & chapter-wise analysis of each aspect of capital gains with the help of case laws, illustrations and case studies | Finance Act 2023 PDF Author: S. Krishnan
Publisher: Taxmann Publications Private Limited
ISBN: 935622711X
Category : Law
Languages : en
Pages : 46

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Book Description
This book provides an in-depth, thorough & chapter-wise analysis of each aspect of capital gains, with the help of ‘relevant’ judicial pronouncements, Circulars & Notifications, illustrations, etc. The book aims to enable professionals for the following: • Understand various concepts/issues on capital gain • Guidance on following the proper procedure in reporting the correct income The Present Publication is the 12th Edition and has been amended by the Finance Act 2023. This book is authored by CA S. Krishnan with the following noteworthy features: • [Exhaustive Analysis on Tax Planning within the Four Corners of the Law] based on the family settlement and arrangement. Included in the discussion are two similar judgments rendered by the ITAT Chennai wherein it has been held that family settlement/ arrangement can be extended to companies also • [Pros & Cons of Exemption Claims made u/s 54, 54B and 54F] for the investment made in the name of relatives from funds emanating out of transfer of capital asset • [Covering Taxability in Dissolution or Reconstitution of Firm] post-2021 amendments to section 45 and other related sections with well-laid examples. Included in the discussion is the important decision of the Hon’ble Supreme Court in the case of CIT v. Mansukh Dyeing and Printing Mills [2022] 145 taxmann.com 151 (SC) • [Transfer of Capital Assets w.r.t. NRIs] It explains the procedure to be adopted in such cases with the help of case laws • [Discussion on Various Provisions of RFCTLARR Act 2013] It also analyzes the various provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 • [Taxability of Interest received on Compensation on Acquisition of Agricultural Land] has been discussed with the help of various judicial decisions The structure of the book is as follows: • [Exhaustive Coverage] This book contains 37 Chapters, and each Chapter covers one section/topic exclusively. All the sections of Chapter IV-E dealing with Capital Gains under the heading ‘Computation of Total Income’ has been covered comprehensively • [Cross-Referenced Contents] Each Chapter in this book is unique, and whenever and wherever there are overlapping provisions, adequate care has been taken to give cross-references • [Specific Focus on Tax Planning] The tax planning has to be legal, and this important and ethical aspect has been stressed throughout the book • [Examples/Illustrations] covering every possible situation • [Case Laws] Whenever and wherever there is no uniformity in the thinking of various judicial authorities, they have been brought out and highlighted. In appropriate cases, the later decisions have been explained in tune with the ratio decidendi of earlier decisions by highlighting the common issues between these decisions and/or bringing out the distinction between the earlier decision(s) and the later one(s) The detailed contents of the book are as follows: • Which income is taxable under the head capital gains? • What is a capital asset? • Types of capital assets – short-term capital assets and long-term capital assets • What is a transfer? • Which transfers do not give rise to taxable capital gains? • Year of taxability of capital gains • Taxation of unit-linked insurance policy • Transactions between a firm and its partners or between an AOP/BOI and its members • Computation of capital gains – short-term capital gains and long-term capital gains • How to compute the full value of consideration? • What is expenditure on the transfer of capital asset • What is the cost of acquisition? • What is the cost of improvement? • What is the indexed cost of acquisition and indexed cost of improvement • Rollover deduction in respect of profit on the sale of property used for residence [Section 54] • Deduction of rollover of gain on transfer of land used for agricultural purposes [Section 54B] • Rollover deduction in respect of capital gain on compulsory acquisition of lands and buildings [Section 54D] • Rollover deduction in respect of investment of long-term capital gains from land or building or both in specified bonds [section 54EC] • Should there be a taboo in investment in the name of relatives for Secs. 54, 54B and 54F exemptions? • NRIs and taxation of their income – a brief note • Capital gains are not to be charged on investment in units of a specified fund • Deduction in respect of long-term capital gain invested in residential house [Section 54F] • Tax incentives for transfer of assets on shifting of industrial undertakings from urban area/shifting of industrial undertaking from an urban area to any special economic zone (SEZ) [Section 54G/54GA] • Tax exemption for capital gains from the sale of residential property if invested in the capital of a start-up company [Section 54GB] • Power of CBDT to relax any requirement for claiming deductions • Tax computation in respect of STCG • Tax computation in case of long-term capital gains • Long-term capital gains tax on listed equity shares, units of equity-oriented mutual funds and units of business trusts • Reference to the valuation officer • Loss under the head capital gains • Distribution of assets by companies in liquidation • How to compute capital gains in case of buy-back of shares/specified securities • Capital gain and depreciable assets • Slump sale [Section 50B] • Capital gain on intangible assets • Charitable trust and capital gains • Capital gain in real estate transactions

Taxmann's Taxation of Capital Gains – [Most] Comprehensive Chapter-wise Analysis of Capital Gains Taxation—Covering Key Topics | Recent Amendments | Practical Guidance | Finance (No. 2) Act 2024

Taxmann's Taxation of Capital Gains – [Most] Comprehensive Chapter-wise Analysis of Capital Gains Taxation—Covering Key Topics | Recent Amendments | Practical Guidance | Finance (No. 2) Act 2024 PDF Author: CA S. Krishnan
Publisher: Taxmann Publications Private Limited
ISBN: 9364553454
Category : Law
Languages : en
Pages : 49

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Book Description
This book is the most comprehensive handbook that provides chapter-wise analysis of capital gains taxation. It covers various topics, including the nuances of tax planning within family settlements, implications of recent judicial decisions, and detailed guidance on exemptions under Sections 54, 54B, and 54F, etc.. It addresses complex scenarios such as joint property developments, transactions between firms and partners post-2021 amendments, and the tax implications for NRIs, OCIs, and PIOs. With 35+ structured chapters, the book emphasises ethical tax planning and provides practical solutions through numerous examples and illustrations. It is designed for tax professionals, legal practitioners, and financial advisors, equipping them with the knowledge to understand the intricate landscape of capital gains taxation. The Present Publication is the 13th Edition and has been amended by the Finance (No. 2) Act, 2024. This book is authored by CA S. Krishnan with the following noteworthy features: • [Comprehensive Coverage of Capital Gains Taxation] The book covers every aspect of capital gains taxation across 35+ chapters, each dedicated to specific sections or topics within Chapter IV-E under the heading 'Computation of Total Income.' This detailed approach ensures that readers can grasp the full scope of capital gains provisions and their applications • [In-depth Analysis of Tax Planning in Family Settlements] It provides a detailed examination of tax planning opportunities within the confines of the law, particularly in the context of family settlements and arrangements. The book extends this analysis to include family arrangements involving companies, supported by notable judgments from the ITAT • [Critical Insights on Exemptions (Sections 54, 54B, 54F, etc.)] The book discusses the pros and cons of claiming exemptions under sections 54, 54B, and 54F, etc. This section includes judicial interpretations and practical considerations that professionals need to be aware of • [Addressing Joint Development of Properties] A significant focus is placed on the issues arising from joint property developments, with detailed analysis of various judicial decisions. The book suggests potential remedies that could be considered by the legislature, providing a critical perspective on these challenging scenarios. • [Post-2021 Amendments to Section 45] A dedicated discussion covers the impact of the 2021 amendments to Section 45 and related provisions, particularly on transactions between firms and partners. The book includes an analysis of the Supreme Court ruling in the case of CIT v. Mansukh Dyeing and Printing Mills [2022] 145 taxmann.com 151 (SC), highlighting the tax implications when retiring partners are paid after revaluation of assets • [Updated Judicial Decisions and Case Law Integration] The 13th edition incorporates numerous judicial decisions rendered after the last Edition, placing these rulings in the appropriate context within the book. Each decision is thoroughly analysed, providing readers with the latest legal insights into capital gains taxation • [Special Chapter on NRIs, OCIs, and PIOs] A separate chapter is devoted to the tax planning, compliance, and procedural aspects for Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs), and Persons of Indian Origin (PIOs). This chapter provides practical guidance on property transactions, tax liabilities, and strategies for NRIs returning to India • [Examination of RFCTLARR Act, 2013] The book provides a detailed analysis of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, explaining its implications on capital gains taxation and how it intersects with current tax laws • [Taxability of Interest on Compensation for Agricultural Land] A comprehensive discussion on the taxability of interest received on compensation for acquiring agricultural land is presented. This section relies on an exhaustive review of judicial decisions, providing clear guidance on this often-debated topic • [Understanding Complex Capital Gains Scenarios] The book emphasises that there is no one-size-fits-all solution for capital gains taxation due to the variability in facts, legal precedents, and amendments. It guides readers in comparing live situations with case laws, identifying changes in legal interpretations, and understanding the impact of new amendments or jurisdictional rulings • [Worked Examples and Illustrations] Featuring numerous worked-out examples, the book covers a broad spectrum of possible scenarios, enhancing the reader's understanding through practical application. It highlights inconsistencies in judicial thought, explaining later decisions in relation to earlier ones and drawing distinctions where necessary • [Ethical Tax Planning Guidance] The book strongly emphasises the importance of ethical and legal tax planning, reinforcing the need for compliance and accuracy in income reporting. It aims to guide professionals in advising their clients correctly, avoiding both overpayment and underpayment of taxes The structure of the book is as follows: • [Exhaustive Coverage] This book contains 35+ Chapters, and each Chapter covers one section/topic exclusively • [Cross-Referenced Contents] Each Chapter in this book is unique, and whenever and wherever there are overlapping provisions, adequate care has been taken to give cross-references • [Specific Focus on Tax Planning] The tax planning has to be legal, and this important and ethical aspect has been stressed throughout the book • [Examples/Illustrations] covering every possible situation • [Case Laws] Whenever and wherever there is no uniformity in the thinking of various judicial authorities, they have been brought out and highlighted. In appropriate cases, the later decisions have been explained in tune with the ratio decidendi of earlier decisions by highlighting the common issues between these decisions and/or bringing out the distinction between the earlier decision(s) and the later one(s)

Whiteman and Sherry on Capital Gains Tax

Whiteman and Sherry on Capital Gains Tax PDF Author:
Publisher: Thomson Reuters (Legal) Trading as Sweet & Maxwell
ISBN: 9781847037107
Category : Capital gains tax
Languages : en
Pages :

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Book Description
ISBN 9781847037107 Whiteman & Sherry on Capital Gains Tax explores every aspect of the law that impacts on capital gains tax. It looks at the case law analysing the major decisions of the courts and their implications. It examines the statutory provisions identifying areas of difficulty and offering the authors views. The title presents the law under four topics: 1. Assets, disposal and computation 2. Particular assets 3. Particular taxpayers 4. The foreign element The title looks in detail at the various rules on particular classes of assets analysing the law and the cases. Specific topics covered include: ? Land and buildings including leases and private residences ? Business assets, shares, securities and qualifying corporate bonds ? Options, debts, tangibles and intangibles; with case analysis and the authors' views on difficulties with statutory development

Whiteman on Capital Gains Tax

Whiteman on Capital Gains Tax PDF Author: Michael F. Sherry
Publisher:
ISBN: 9780421502901
Category : Capital gains tax
Languages : en
Pages : 140

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Book Description


Federal Income Tax Treatment of Capital Gains and Losses

Federal Income Tax Treatment of Capital Gains and Losses PDF Author: United States. Department of the Treasury. Tax Advisory Staff of the Secretary
Publisher:
ISBN:
Category : Capital gains tax
Languages : en
Pages : 222

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Book Description


Capital Gains, Minimal Taxes

Capital Gains, Minimal Taxes PDF Author: Kaye A. Thomas
Publisher: Fairmark Press Inc.
ISBN: 0967498112
Category : Business & Economics
Languages : en
Pages : 322

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Book Description
A complete, authoritative guide to taxation of stocks, mutual funds and market-traded stock options.

Capital Gains Taxation

Capital Gains Taxation PDF Author: Michael Littlewood
Publisher: Edward Elgar Publishing
ISBN: 1784716022
Category : Law
Languages : en
Pages : 449

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Book Description
Capital gains taxes pose a host of technical and political design problems and yet, while the literature on the theory of capital gains taxation is substantial, little has been published on how governments have addressed these dilemmas. Written by a team of distinguished international experts, Capital Gains Taxation addresses the gap in the literature; it explains how a number of countries tax capital gains and the successes and pitfalls of these methods.

Taxmann's Taxation of Capital Gains as Amended by Finance Act 2002

Taxmann's Taxation of Capital Gains as Amended by Finance Act 2002 PDF Author: George Koshi
Publisher: Taxmann Publications Pvt Ltd
ISBN: 9788174963673
Category : Capital gains tax
Languages : en
Pages : 542

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Book Description
Comprehensive guide.

Capital Gains Tax and the Private Residence

Capital Gains Tax and the Private Residence PDF Author: David E. Williams
Publisher:
ISBN: 9781847984395
Category : Capital gains tax
Languages : en
Pages : 255

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Book Description