Download or read book 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 written by D.C. Agrawal and published by Taxmann Publications Private Limited. This book was released on 2023-05-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book 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 written by S. Krishnan and published by Taxmann Publications Private Limited. This book was released on 2023-04-03 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Whiteman and Sherry on Capital Gains Tax written by and published by Thomson Reuters (Legal) Trading as Sweet & Maxwell. This book was released on 2008-12-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book The Labyrinth of Capital Gains Tax Policy written by Leonard Burman and published by Brookings Inst Press. This book was released on 1999 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Leonard E. Burman cuts through the political rhetoric to present the facts. He explains the complex rules that govern the taxation of capital gains and examines the kinds of assets that produce them and the factors that can lead to gains or losses. He then explores how the taxation of capital gains affects federal tax receipts, savings, investment, and economic growth. Data from numerous sources help the reader navigate the thorny issues of the fairness of taxing gains (or not taxing them). Burman concludes by weighing the arguments for and against indexing capital gains taxes for inflation, as well as other options for altering the current system.

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Download or read book Taxmann s Taxation of Cash Deposits Deposits After Demonetisation Updated till 15th August 2020 August 2020 Edition written by D.C Agrawal and published by Taxmann Publications Private Limited. This book was released on 2020-09-09 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a ready referencer to understand the tax implication of cash deposited during demonetization or in routine course, and the guidance on how to give response to the notices of Department. It also provides a complete understanding of the provisions relating to unexplained Income and Prohibition of Benami Property Transaction Act, 1988. This book has been written with the following objectives: · Provides an idea about the tax consequences of demonetization; · Provides an insight into various modes used by the taxpayers to explain their cash deposited in the bank; · Explains the conditions under which various deeming provisions under Income Tax Act can be applied; · Highlights the requirement of documentary evidence in support of explanation furnished by the assessee; · Covers the circumstances under which enhancement, revision or reopening can be done; and · Highlight the circumstances under which penal provisions in relation to cash deposits can be invoked. The present publication is the first edition, authored by D.C. Agarwal & updated till 15th August 2020, with the following noteworthy features: · Chapter are designed in the form of independent articles so that all the material relating to the issue is compiled in one place · Chapter on selected questions and answers – FAQs on the issues relating to assessment of cash deposits has also been inserted · Topics such as power of enhancement by CIT(A) and Tribunal, re-opening and re-assessment and revision under Section 263 have also been incorporated · Contents of this book are as follows: o Introduction o After effects of Demonetization o Various Modes of Cash Deposits o Cash Deposits and Bogus Sales & Purchases o Cash Deposits and Section 68 o Cash Deposits and Section 69 o Cash Deposits and Section 69A o Cash Withdrawal and Deposit o Bank Passbook and Section 68 o Books and Books of Account o Burden of Proof o Legal Fiction under Section 68, 69 and 69A o Concept of Telescoping and Peak Credit in relation to Cash Transaction o Substantive – Protective assessments o Cash Deposits and Presumptive Taxation o Nature of amendment in Section 115BBE by Taxation Laws (Second Amendment) Act, 2016 o Related Issues o Power of Enhancement o SBN Deposits in Banks and Prohibition of Benami Property Transactions Act, 1988 o Cash Transactions and Penalties o Reopening and Reassessment o Revision under Section 263 o FAQs

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