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Capital Gain Section 112 under Income Tax

Posted @ July 13, 2012, 8:52 pm under (Capital Gains)

Section 112.

 
(1) Where the total income of an assessee includes any income, arising from the transfer of a
long-term capital asset, which is chargeable under the head “Capital gains”, the tax payable by the
assessee on the total income shall be the aggregate of,—
 
(a) in the case of an individual or a Hindu undivided family, 24[being a resident,]—
 
(i) the amount of income-tax payable on the total income as reduced by the amount of such
long-term capital gains, had the total income as so reduced been his total income ; and
 
(ii) the amount of income-tax calculated on such long-term capital gains at the rate of twenty
per cent :
 
Provided that where the total income as reduced by such long-term capital gains is below the maximum amount which is not chargeable to income-tax, then, such long-term capital gains shall be reduced by the amount by which the total income as so reduced falls short of the
maximum amount which is not chargeable to income-tax and the tax on the balance of such long-term capital gains shall be computed at the rate of twenty per cent ;
 
(b) in the case of a 24[domestic] company,—
 
(i) the amount of income-tax payable on the total income as reduced by the amount of such long-term capital gains, had the total income as so reduced been its total income ; and
 
(ii) the amount of income-tax calculated on such long-term capital gains at the rate of 25
[twenty] per cent :
 
26[***]
 
27[(c) in the case of a non-resident (not being a company) or a foreign company,—
 
(i) the amount of income-tax payable on the total income as reduced by the amount of such long-term capital gains, had the total income as so reduced been its total income ; and
 
(ii) the amount of income-tax calculated on such long-term capital gains at the rate of twenty per cent ;]
 
28[(d)] in any other case 29[of a resident],—
 
(i) the amount of income-tax payable on the total income as reduced by the amount of longterm capital gains, had the total income as so reduced been its total income ; and
 
(ii) the amount of income-tax calculated on such long-term capital gains at the rate of 30
[twenty] per cent.
 
Explanation.—31[***]
 
32[Provided that where the tax payable in respect of any income arising from the transfer of a long-term capital asset, being listed securities 33[or unit] 34[or zero coupon bond], exceeds ten per cent of the amount of capital gains before giving effect to the provisions of the second proviso to section 48, then, such excess shall be ignored for the purpose of computing the tax payable by the assessee. 
 
35[Explanation.—For the purposes of this sub-section,—
 
(a) “listed securities” means the securities—
 
(i) as defined in clause (h) of section 236 of the Securities Contracts (Regulation) Act, 1956 (32 of 1956); and
 
(ii) listed in any recognised stock exchange in India;
 
(b) “unit” shall have the meaning assigned to it in clause (b) of
Explanation to section 115AB.]]
 
(2) Where the gross total income of an assessee includes any income arising from the transfer of a longterm capital asset, the gross total income shall be reduced by the amount of such income and the deduction under Chapter VI-A shall be allowed as if the gross total income as so reduced were the gross total income of the assessee.
 
(3) Where the total income of an assessee includes any income arising from the transfer of a long-term capital asset, the total income shall be reduced by the amount of such income and the rebate under section 88 shall be allowed from the income-tax on the total income as so reduced.
 
 

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