NISM-Series-XX-Taxation in Securities Markets Workbook - July 2022

Workbook for
NISM-Series-XX: Taxation in Securities Markets
Certification Examination
National Institute of Securities Markets

www.nism.ac.in
This workbook has been developed to assist candidates in preparing for the National Institute
of Securities Markets (NISM) Certification Examination for Portfolio Managers.
Workbook Version: July 2022
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Foreword
NISM is a leading provider of high-end professional education, certifications, training and
research in financial markets. NISM engages in capacity building among stakeholders in the
securities markets through professional education, financial literacy, enhancing governance
standards and fostering policy research. NISM works closely with all financial sector regulators
in the area of financial education.
NISM Certification programs aim to enhance the quality and standards of professionals
employed in various segments of the financial services sector. NISM’s School for Certification
of Intermediaries (SCI) develops and conducts certification examinations and Continuing
Professional Education (CPE) programs that aim to ensure that professionals meet the defined
minimum common knowledge benchmark for various critical market functions.
NISM certification examinations and educational programs cater to different segments of

intermediaries focusing on varied product lines and functional areas. NISM Certifications have
established knowledge benchmarks for various market products and functions such as
Equities, Mutual Funds, Derivatives, Compliance, Operations, Advisory and Research.
NISM certification examinations and training programs provide a structured learning plan and
career path to students and job aspirants who wish to make a professional career in the
Securities markets. Till March 2022, NISM has issued more than 15 lakh certificates through
its Certification Examinations and CPE Programs.
NISM supports candidates by providing lucid and focused workbooks that assist them in
understanding the subject and preparing for NISM Examinations. The book covers about
basics of investments, securities markets, investing in stocks, fixed income securities,
derivatives and mutual funds. This book also provides an understanding about the role of
portfolio managers, operational aspects of portfolio management services, the portfolio
management process, performance measurement and evaluation of portfolio managers. The
taxation, regulatory, governance and ethical aspects of portfolio managers have also been
discussed in this workbook.
Dr. C.K.G Nair

Director
Disclaimer
The contents of this publication do not necessarily constitute or imply its endorsement,
recommendation, or favouring by the National Institute of Securities Markets (NISM) or the
Securities and Exchange Board of India (SEBI). This publication is meant for general reading
and educational purpose only. It is not meant to serve as guide for investment. The views and
opinions and statements of authors or publishers expressed herein do not constitute a
personal recommendation or suggestion for any specific need of an Individual. It shall not be
used for advertising or product endorsement purposes.
The statements/explanations/concepts are of general nature and may not have taken into
account the particular objective/ move/ aim/need/circumstances of individual user/ reader/
organization/ institute. Thus, NISM and SEBI do not assume any responsibility for any wrong
move or action taken based on the information available in this publication.
Therefore, before acting on or following the steps suggested on any theme or before
following any recommendation given in this publication user/reader should consider/seek
professional advice.
The publication contains information, statements, opinions, statistics and materials that have
been obtained from sources believed to be reliable and the publishers of this title have made
best efforts to avoid any errors. However, publishers of this material offer no guarantees and
warranties of any kind to the readers/users of the information contained in this publication.
Since the work and research is still going on in all these knowledge streams, NISM and SEBI
do not warrant the totality and absolute accuracy, adequacy or completeness of this
information and material and expressly disclaim any liability for errors or omissions in this
information and material herein. NISM and SEBI do not accept any legal liability whatsoever
based on any information contained herein.
While the NISM Certification examination will be largely based on material in this workbook,
NISM does not guarantee that all questions in the examination will be from material covered
herein.
Acknowledgement
This workbook has been developed by NISM in consultation with the Examination Committee
for NISM-Series-XX: Taxation in Securities Markets Certification Examination consisting of
senior officials from Price Waterhouse Cooper, Ernst and Young and BSR Affiliates. NISM
gratefully acknowledges the contribution of all the committee members.
About The Author

This workbook has been jointly developed by the certification team of NISM and Taxmann
Publications Pvt Ltd. It has been reviewed by Mr. Sachin Karulkar, NISM Resource Person and
Mr. Tushar Sachade, Partner, PwC and his team at Price water house Cooper.
About NISM Certifications
The School for Certification of Intermediaries (SCI) at NISM is engaged in developing and
administering Certification Examinations and CPE Programs for professionals employed in
various segments of the Indian securities markets. These Certifications and CPE Programs are
being developed and administered by NISM as mandated under Securities and Exchange
Board of India (Certification of Associated Persons in the Securities Markets) Regulations,
2007.
The skills, expertise and ethics of professionals in the securities markets are crucial in
providing effective intermediation to investors and in increasing the investor confidence in
market systems and processes. The School for Certification of Intermediaries (SCI) seeks to
ensure that market intermediaries meet defined minimum common benchmark of required
functional knowledge through Certification Examinations and Continuing Professional
Education Programmes on Mutual Funds, Equities, Derivatives Securities Operations,
Compliance, Research Analysis, Investment Advice and many more.
Certification creates quality market professionals and catalyzes greater investor participation
in the markets. Certification also provides structured career paths to students and job
aspirants in the securities markets.
About the Examination:
The examination seeks to create knowledge amongst market participants about the
different taxation aspects in the Securities Markets.
Examination Objectives
On successful completion of the examination, the candidate should:
 Know the basics of the Indian Securities Market-Structure, Participants, Products and
Features.
 Know the basic concepts in Taxation, Capital Gains, Sources of Income etc.
 Understand the taxation of products available in the market viz., Equity, Debt,
ESOPs, Exchange Traded Funds, Alternate Investment Funds, Real Estate Investment
Trusts, Infrastructure Investment Trust and Derivative products.
 Taxation in the hands of the Intermediaries, Foreign Portfolio Investors, IFSC etc.
Assessment Structure
The examination consists of 75 questions, out of which 50 questions are of 1 mark each and
25 questions of 2 mark each. The exam should be completed in 2 hours. The passing score
on the examination is 60 percent. There shall be negative marking of 25 percent of the
marks assigned to a question.
How to register and take the examination

To find out more and register for the examination please visit www.nism.ac.in
Important
 Please note that the Test Centre workstations are equipped with either Microsoft
Excel or OpenOffice Calc. Therefore, candidates are advised to be well versed with
both of these softwares for computation of numericals.
 The sample questions and the examples discussed in the workbook are for reference
purposes only. The level of difficulty may vary in the actual examination.
Contents
CHAPTER 1: INTRODUCTION TO SECURITIES MARKETS AND SECURITIES ...................................... 12
1.1 DEFINITIONS AND FEATURES .......................................................................................................... 12
1.2 STRUCTURE AND PARTICIPANTS ..................................................................................................... 15
1.3 PRODUCTS AND FEATURES OF SECURITIES MARKETS .................................................................... 19
1.4 VARIOUS INVESTMENT VEHICLES IN SECURITIES MARKETS ........................................................... 27
1.5 SOURCES OF TAX REGULATIONS IN SECURITIES MARKETS ............................................................ 29
CHAPTER 2: CONCEPTS IN TAXATION .......................................................................................... 30
2.1 WHAT IS A ‘PREVIOUS YEAR’? ......................................................................................................... 31
2.2 WHAT IS ‘ASSESSMENT YEAR’? ....................................................................................................... 31
2.3 WHO IS A ‘PERSON’? ....................................................................................................................... 32
2.4 WHO IS AN ‘ASSESSEE’? .................................................................................................................. 32
2.5 WHAT IS ‘RESIDENTIAL STATUS’?.................................................................................................... 33
2.6 SCOPE OF INCOME .......................................................................................................................... 38
2.7 HEADS OF INCOME ......................................................................................................................... 39
2.8 KNOW THE DEDUCTIONS ................................................................................................................ 45
2.9 KNOW ABOUT THE EXEMPTIONS.................................................................................................... 46
2.10 KNOW THE REBATES ..................................................................................................................... 46
2.11 KNOW THE GROSS TOTAL INCOME .............................................................................................. 47
2.12 KNOW THE TOTAL INCOME .......................................................................................................... 48
2.13 KNOW THE TAX PAYABLE .............................................................................................................. 48
2.14 CLUBBING OF INCOME .................................................................................................................. 52
2.15 SET-OFF AND CARRY FORWARD OF LOSS UNDER THE HEADS - CAPITAL GAINS, INCOME FROM
OTHER SOURCES AND BUSINESS INCOME ............................................................................................ 55
2.16 DIFFERENCE BETWEEN INVESTING AND DEALING IN SHARES AND SECURITIES .......................... 57
2.17 ALTERNATE MINIMUM TAX (AMT) AND MINIMUM ALTERNATE TAX (MAT) ............................... 59
2.18 DOUBLE TAX AVOIDANCE AGREEMENT (DTAA) (CONCEPT OF MULTILATERAL INSTRUMENTS
AND PERMANENT ESTABLISHMENT) .................................................................................................... 63
2.19 GENERAL ANTI-AVOIDANCE RULES (GAAR) .................................................................................. 65
2.20 KNOW ABOUT EEE, EET and ETE ................................................................................................... 67
2.21 KNOW THE MAXIMUM MARGINAL RATE OF TAX (MMR) ............................................................ 68
2.22 EFFECTIVE RATE OF TAX ................................................................................................................ 68
2.23 KNOW ABOUT TAX ALPHA ............................................................................................................ 69
CHAPTER 3: CAPITAL GAINS ........................................................................................................ 70
3.1 WHAT ARE CAPITAL ASSETS? .......................................................................................................... 71
3.2 TYPES OF CAPITAL ASSET ................................................................................................................ 73
3.3 HOW TO CALCULATE THE PERIOD OF HOLDING? ........................................................................... 75
3.4 TRANSFER OF CAPITAL ASSET ......................................................................................................... 78
3.5 TRANSACTIONS NOT REGARDED AS TRANSFER.............................................................................. 80
3.6 COMPUTATION OF CAPITAL GAINS ................................................................................................ 83
CHAPTER 4: INCOME FROM OTHER SOURCES.............................................................................. 97
4.1 INTRODUCTION ............................................................................................................................... 98
4.2 DIVIDEND INCOME .......................................................................................................................... 99
4.3 INTEREST ON SECURITIES .............................................................................................................. 100
4.4 GIFT OF SECURITIES....................................................................................................................... 103
4.5 SHARES ISSUED AT PREMIUM BY CLOSELY HELD COMPANY ........................................................ 110
4.6 APPLICABILITY OF INCOME COMPUTATION AND DISCLOSURE STANDARD (ICDS) ...................... 113
CHAPTER 5: TAXATION OF DEBT PRODUCTS.............................................................................. 114
5.1 SOURCES OF INCOME FROM DEBT PRODUCTS ............................................................................ 115
5.2 COUPON BONDS ........................................................................................................................... 116
5.3 ZERO COUPON BONDS AND DEEP DISCOUNT BONDS .................................................................. 124
5.4 CONVERTIBLE BONDS ................................................................................................................... 125
5.5 TAXATION OF COMMERCIAL PAPERS ........................................................................................... 128
5.6 TAXATION OF GOVERNMENT SECURITIES .................................................................................... 129
5.7 TAX FREE BONDS ........................................................................................................................... 132
5.8 TAXATION OF MUTUAL FUNDS ..................................................................................................... 133
5.9 MASALA BONDS ............................................................................................................................ 136
5.10 FOREIGN CURRENCY CONVERTIBLE BONDS ............................................................................... 138
5.11 TAXATION OF FINANCIAL SECURITIES ......................................................................................... 142
CHAPTER 6: TAXATION OF EQUITY PRODUCTS .......................................................................... 148
6.1 SOURCES OF INCOME ................................................................................................................... 149
6.2 LISTED EQUITY SHARES ................................................................................................................. 152
6.3 TAX TREATMENT OF UNLISTED EQUITY SHARES .......................................................................... 163
6.4 TAX TREATMENT OF PREFERENCE SHARES................................................................................... 164
6.5 TAX TREATMENT OF GDR OR ADR ................................................................................................ 166
6.6 TAX TREATMENT OF SHARE WARRANTS ...................................................................................... 171
6.7 TAX TREATMENT OF MUTUAL FUNDS .......................................................................................... 173
6.8 TAX TREATMENT OF DERIVATIVES ................................................................................................ 179
6.9 DIVIDEND STRIPPING .................................................................................................................... 185
6.10 BONUS STRIPPING....................................................................................................................... 186
6.11 MEANING OF SECURITIES, UNIT, AND RECORD DATE FOR DIVIDEND/BONUS STRIPPING ........ 187
6.12 BENEFITS NOT ALLOWED FROM CAPITAL GAINS ........................................................................ 188
6.13 ADJUSTMENT OF EXEMPTION LIMIT FROM CAPITAL GAIN ........................................................ 189
6.14 OVERVIEW OF TAXATION OF EQUITY PRODUCTS....................................................................... 190
6.15 OVERVIEW OF BENEFITS NOT AVAILABLE FROM CAPITAL GAINS .............................................. 191
CHAPTER 7: TAXATION OF OTHER PRODUCTS ........................................................................... 192
7.1 TAXATION OF EMPLOYEES STOCK OPTION PLAN (“ESOP”) .......................................................... 193
7.2 SOVEREIGN GOLD BOND SCHEME ................................................................................................ 203
7.3 NATIONAL PENSION SYSTEM ........................................................................................................ 209
7.4 REAL ESTATE INVESTMENT TRUST ................................................................................................ 219
7.5 INFRASTRUCTURE INVESTMENT TRUST (InVITs)........................................................................... 231
7.6 ALTERNATIVE INVESTMENT FUNDS .............................................................................................. 232
7.7 EXCHANGE-TRADED FUNDS .......................................................................................................... 238
7.8 UNIT LINKED INSURANCE POLICIES............................................................................................... 240
CHAPTER 8: BUSINESS INCOME ................................................................................................ 254
8.1 SPECULATIVE & NON-SPECULATIVE BUSINESS INCOME .............................................................. 255
8.2 METHOD OF ACCOUNTING ........................................................................................................... 257
8.3 VALUATION OF SECURITIES HELD AS STOCK-IN-TRADE ................................................................ 263
8.4 VALUATION OF STOCK IN SPECIAL CASES ..................................................................................... 265
8.5 DETERMINATION OF ACTUAL COST OF SECURITIES ..................................................................... 267
8.6 COMPUTATION OF BUSINESS INCOME ......................................................................................... 268
8.7 SET OFF AND CARRY FORWARD OF BUSINESS LOSS ..................................................................... 271
8.8 INCOME COMPUTATION AND DISCLOSURE STANDARDS............................................................. 274
CHAPTER 9: TAXATION IN THE HANDS OF INTERMEDIARIES ...................................................... 276
9.1 WHO IS AN INTERMEDIARY? ......................................................................................................... 277
9.2 TAXATION OF MARKET INTERMEDIARIES ..................................................................................... 278
CHAPTER 10: TAXATION – IN THE HANDS OF FOREIGN PORTFOLIO INVESTORS (FPIS) ................ 295
10.1 MEANING OF FOREIGN PORTFOLIO INVESTOR .......................................................................... 296
10.2 TAXABILITY UNDER THE HEAD CAPITAL GAINS ........................................................................... 297
10.3 TAXABILITY OF DIVIDEND INCOME ............................................................................................. 303
10.4 TAXABILITY OF INTEREST FROM SECURITIES .............................................................................. 304
10.5 DEDUCTION OF TAX AT SOURCE (TDS) ....................................................................................... 305
10.6 RATES OF SURCHARGE AND HEALTH & EDUCATION CESS ......................................................... 307
10.7 TAX TREATMENT OF DIFFERENT CATEGORIES OF FPIs ............................................................... 309
CHAPTER 11: TAX IMPLICATIONS OF IFSC .................................................................................. 313
11.1 STOCK EXCHANGES LOCATED IN IFSC ......................................................................................... 314
11.2 PRODUCTS LISTED ON IFSC STOCK EXCHANGE ........................................................................... 314
11.3 APPLICABILITY OF THE INTERNATIONAL FINANCIAL SERVICES CENTRES AUTHORITY (ISSUANCE
AND LISTING OF SECURITIES) REGULATIONS, 2021 ............................................................................ 315
11.4 INTERMEDIARIES IN IFSC............................................................................................................. 315
11.5 DIFFERENCE BETWEEN A STOCK EXCHANGE HAVING NATIONAL PRESENCE AND STOCK
EXCHANGE IN IFSC .............................................................................................................................. 316
11.6 TAX IMPLICATIONS ...................................................................................................................... 317
CHAPTER 12: TAX PROVISIONS FOR SPECIAL CASES ................................................................... 335
12.1 TAXATION OF BONUS SHARES .................................................................................................... 336
12.2 TAXATION ON SHARE SPLIT OR CONSOLIDATION OF SHARES .................................................... 342
12.3 TAXATION OF BUYBACK OF SHARES ........................................................................................... 344
12.4 TAXATION OF COMPANIES IN LIQUIDATION .............................................................................. 346
12.5 TAXATION OF RIGHTS ISSUES...................................................................................................... 348
12.6 TAXATION IN CASE OF MERGERS &ACQUISITIONS ..................................................................... 351
12.7 TAXATION IN CASE OF STOCK LENDING AND BORROWING ....................................................... 354
12.8 TAXATION IN CASE OF CONVERSION OF PREFERENCE SHARES INTO EQUITY SHARES .............. 358
12.9 TAXATION IN CASE OF CONVERSION OF STOCK INTO CAPITAL ASSET ....................................... 359
12.10 TAXATION IN CASE OF SEGREGATED PORTFOLIOS OF MUTUAL FUNDS .................................. 363
12.11 TAXATION IN CASE OF CONSOLIDATION OF MUTUAL FUND SCHEME OR PLANS .................... 364
Chapter 13: INDIRECT TAXES IN SECURITIES MARKETS .............................................................. 366
13.1 INTRODUCTION ABOUT THE GOODS AND SERVICES TAX........................................................... 367
13.2 GST IMPLICATION ON MUTUAL FUNDS ...................................................................................... 368
13.3 GST IMPLICATION ON MUTUAL FUND DISTRIBUTOR ................................................................. 368
13.4 GST IMPLICATION ON BROKING BUSINESS ................................................................................. 371
13.5 GST IMPLICATION ON PMS, INVESTMENT ADVISER ................................................................... 371
13.6 GST IMPLICATIONS ON REITS, INVITS, AIF AND ANY OTHER MARKET INTERMEDIARY .............. 372
Annexure A: Maintenance of Accounts ..................................................................................... 375
Annexure B: Due Date for Filing of Income-tax Return .............................................................. 378
Annexure C: Penalty for non-compliance .................................................................................. 380
Annexure D: Summarized Tax Table – Product-wise ................................................................. 384
Annexure E: Tax Rates for Assessment Year 2023-24 ................................................................. 394
Annexure F: Deductions under Income-tax Act ......................................................................... 407
Annexure G: Exemptions under Income-tax Act ........................................................................ 412
Annexure H: Tax on transfer of securities ................................................................................. 418
Annexure I: Cost Inflation Index ............................................................................................... 422
CHAPTER 1: INTRODUCTION TO SECURITIES MARKETS AND SECURITIES
LEARNING OBJECTIVES:
After studying this chapter, you should know about:
 Securities Market and Securities: Definitions and Features

 Securities Markets Structure and Participants
 Securities Markets: Products and Features
 Sources of Tax Regulations in Securities Markets
Modern day stock markets, trading and financial instruments have evolved over the last two
centuries since loan securities of the East India Company were first traded in 1830s. Trading
has been a vocation for centuries which initially started with goods, commodities, etc. and
gradually moved to intangibles such as contracts. Trading was most prevalent closer to the
ports in erstwhile British India lead by unorganized groups of people informally coming
together and indulging in buying and selling. The American Civil War 1861, lead to the growth
of cotton textile mills and other industries leading to capital being raised from traders and the
wealthy in the form of shares. The unorganized nature led to many irregularities such as
frauds, defaults etc. paving the way for a formalised market for trading. By then there were
many stock exchanges across the country with no regulatory oversight and legislation until
the 1950 when stock exchanges and forward markets come under the authority of Central
Government. The Securities Contracts (Regulation) Act, 1956 bought all stock exchanges
under its control to avert undesirable transactions in securities markets. Since then, the BSE
(Bombay Stock Exchange) and NSE (National Stock Exchange) have been the premiere stock
exchanges with state-of-the-art screen-based trading, clearing and settlement systems.
As the markets evolved so were the types of financial instruments and before we understand
the tax implications it’s imperative to understand the features of all types of securities
available in the capital markets.
1.1 DEFINITIONS AND FEATURES
1.1-1 What is a Securities Market?
The securities market is a place where buyers and sellers of securities enter into transactions
to purchase and sell various securities such as shares, bonds, debentures etc. The main
instruments used in the securities market are stocks, shares, debentures, bonds, and
government securities.
The various functions performed by securities markets are as follows:

a) Continuous & ready market for securities: Securities market provides a ready and
continuous market for purchase and sale of securities. It provides a ready outlet for buying
and selling securities.
b) Evaluation of securities: Securities market is useful for evaluation of securities. This
enables investors to know the true worth of their holdings at any time. Comparison of
companies in the same industry is possible through the securities market price list.
c) Encourages capital formation: Securities market accelerates the process of capital
formation. It creates the habit of saving, investing and risk-taking among the investing
class and converts their savings into a profitable investment. It acts as an instrument of
capital formation.
d) Safety in dealings: Securities market provides safety in dealings as transactions are
conducted as per well-defined rules and regulations. The managing body of the exchange
keeps control of the members. Fraudulent practices are also checked effectively.
e) Regulates company management: Listed companies have to comply with rules and
regulations of the concerned securities market and work under the vigilance of various
authorities.
f) Public borrowing: Securities market serves as a platform for marketing Government
securities. It enables the government to raise public debt easily and quickly.
g) Clearing house facility: Securities market provides a clearing house facility to members. It
settles the transactions among the members quickly and with ease. The members have to
pay or receive only the net dues because of the clearing house facility.
h) Healthy speculation: Normal speculation is not dangerous but provides more business to
the exchange. However, excessive speculation is undesirable as it is dangerous to
investors and the growth of corporate sector.
i) Economic barometer: Securities market indicates the state of health of companies and the
national economy. It acts as a barometer of the economic conditions.
j) Bank lending: Banks easily know the prices of quoted securities. They offer loans to
customers against corporate securities.
1.1-2 Statutes and authorities governing the securities market?
The following are the important statutes, which governs the Indian securities markets:
a) The Securities and Exchange Board of India Act, 1992 (SEBI)

b) The Securities Contracts (Regulation) Act, 1956 (SCRA)
c) The Depositories Act, 1996
d) The Companies Act, 2013
e) The Foreign Exchange Management Act, 1999 (FEMA)
The agencies involved in the relation of the securities market are:
a) Ministry of Finance
b) Ministry of Corporate Affairs (MCA)
c) Department of Economic Affairs (DEA)
d) The Reserve Bank of India (RBI)
e) The Securities and Exchange Board of India (SEBI)
f) Stock Exchanges
1.1-3 Important definitions
1.1-3a Meaning of Derivatives
As per Section 2(ac) of Securities Contracts (Regulation) Act, 1956 (SCRA), ‘derivative’
includes:
a) a security derived from a debt instrument, share, loan, whether secured or unsecured,
risk instrument or contract for differences or any other form of security;
b) a contract which derives its value from the prices, or index of prices, of underlying
securities;
c) commodity derivatives; and
d) such other instruments as may be declared by the Central Government to be derivatives.
1.1-3b Meaning of Government Securities
As per Section 2(b) of SCRA, ‘Government Security’ means a security created and issued,
whether before or after the commencement of this Act, by the Central Government or a State
Government for the purpose of raising a public loan and having one of the forms specified in
section 2(2) of the Public Debt Act, 1944.
1.1-3c Meaning of Securities
As per Section 2(h) of SCRA, ‘securities’ include:
(a) shares, scrips, stocks, bonds, debentures, debenture stock or other

marketable securities of a like nature in or of any incorporated company or a pooled
investment vehicle1 or other body corporate;
(b) units or any other instrument issued by any pooled investment vehicle2;
(c) derivative;
1 ‘A pooled investment vehicle’ has been added in the definition of securities by the Finance Act, 2021 w.e.f. 01-04-2021.
2 Inserted by the Finance Act, 2021 w.e.f. 01-04-2021.
(d) units or any other instrument issued by any collective investment scheme to
the investors in such schemes;
(e) security receipt as defined in section 2(zg) of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002;
(f) units or any other such instrument issued to the investors under any mutual
fund scheme;
(g) any certificate or instrument issued to an investor by any issuer being a

special purpose distinct entity which possesses any debt or receivable, including mortgage
debt, assigned to such entity, and acknowledging beneficial interest of such investor in such
debt or receivable, including mortgage debt, as the case may be;
(h) government securities;
(i) such other instruments as may be declared by the Central Government to be

3
securities ; and
(j) rights or interest in securities.
‘Securities’ shall not include any unit-linked insurance policy or scrips or any such instrument
or unit, by whatever name called, which provides a combined benefit-risk on the life of the
persons and investment by such persons and issued by an insurer referred to in section 2(9)
of the Insurance Act, 1938.
1.2 STRUCTURE AND PARTICIPANTS

1.2-1 Structure of the securities market
The securities market has two interdependent and inseparable segments.
1.2-1a Primary Market
The primary market is that part of the capital market that deals with the issuance of new
securities. Companies, governments or public sector institutions can obtain funding through
the sale of new shares or bond issue. The primary market is the market where the securities
are sold for the first time. Therefore, it is also called as New Issue Market (NIM). The issue of
securities by companies can take place in any of the following methods:
(a) Initial Public Offering (IPO)
3“Onshore Rupee Bonds” issued by multilateral institutions like the Asian Development Bank and the International Finance
Corporation declared as ‘securities’ vide Gazette Notification No. S. O. 1978(E) F. No. 1/45/EM/2013, dated 01.08.2014.
(b) Further Public Offering (FPO)
(c) Rights Issue
(d) Firm Allotment
(e) Offer to Public
(f) Bonus issue
(g) Employee’s Stock Option
1.2-1b Secondary Market
The secondary market, also known as the aftermarket, is the financial market where
previously issued securities and financial instruments such as stock, bonds, options, and
futures are bought and sold. The stock market or secondary market ensures free
marketability, negotiability and price discharge. The secondary market has further two
components:
a) Spot Market: Where securities are traded for immediate delivery and payment.
b) Futures Market: Where securities are traded for future delivery and payment.
1.2-2 Participants of the securities market
The participants of the securities market are as follows.
1.2-2a Merchant bankers
As per Regulation 2(cb) of SEBI (Merchant Bankers) Regulations, 1992. ‘Merchant Banker’
means any person who is engaged in the business of issue management either by making
arrangements regarding selling, buying or subscribing to securities or acting as manager,
consultant, adviser or rendering corporate advisory service in relation to such issue
management. Merchant Bankers are required to register with SEBI in accordance with the
SEBI (Merchant Bankers) Regulations, 1992.
1.2-2b Bankers to an issue
As per regulation 2(aa) of SEBI (Bankers to the Issue) Regulations, 1994
‘Banker to an Issue’ means a scheduled bank or such other banking company as may be
specified by the board from time to time, carrying on any of the activities, including:
(a) acceptance of application and application monies;

(b) acceptance of allotment or call monies;
(c) refund of application monies;
(d) payment of dividend or interest warrants
The scheduled banks acting as bankers to an issue are required to be registered with SEBI in
accordance with the SEBI (Bankers to the Issue) Rules and Regulations, 1994.
1.2-2c Portfolio managers
As per regulation 2(o) of SEBI (Portfolio Managers) Regulations, 2020 ‘Portfolio Managers’
means a body corporate, which pursuant to a contract with a client, advises or directs or
undertakes on behalf of the client (whether as a discretionary portfolio manager or
otherwise) the management or administration of a portfolio of securities or goods or the
funds of the client, as the case may be. The Portfolio Manager may also deal in goods received
in delivery against the physical settlement of commodity derivatives. They are required to
register with SEBI in accordance with the SEBI (Portfolio Managers) Regulations, 2020.
1.2-2d Debenture trustees
As per Regulation 2(10)(bb) of SEBI (Debenture Trustees) Regulations, 1993. ‘Debenture

Trustees’ means a trustee appointed in respect of any issue of debenture of a body corporate.
A debenture trustee is required to be registered with SEBI in accordance with the SEBI
(Debenture Trustees) Regulations, 1993.
1.2-2e Registrars to an Issue
As per regulation 2(f) of SEBI (Registrar to the Issue and Share Transfer Agent) Regulations,
1993 ‘Registrar to an issue’ means the person appointed by a body corporate or any person
to carry on the following activities on behalf of the clients:
(a) Collecting applications from investors in respect of an issue;
(b) Keeping a proper record of applications and monies received from investors or
paid to the seller of the securities; and
(c) Assisting body corporate or person or group of persons in:
o Determining the basis of allotment of securities in consultation with stock

exchange;
o Finalising the list of persons entitled to allotment;
o Processing and dispatching allotment letters, refund orders or certificates and
other related documents in respect of an issue
Registrars to an issue are registered with SEBI in accordance with the SEBI (Registrar to the
Issue and Share Transfer Agent) Regulations, 1993.
1.2-2f Share Transfer Agents
As per Regulation (2g) of SEBI (Registrars to an Issue and Share Transfer Agents) Regulations,
1993. ‘Share Transfer Agents’ means:
(a) any person, who on behalf of a body corporate, maintains the records of
holders of securities issued by such body corporate and deals with all matters connected with
the transfer and redemption of its securities;
(b) a department or division, by whatever name called, of a body corporate

performing the activities referred to in above point (a) if at any time the total number of the
holders of its securities issued exceed one lakh.
Share Transfer Agents (STA) are registered with SEBI in accordance with the SEBI (Registrar to
the Issue and Share Transfer Agent) Regulations, 1993.
1.2-2g Credit Rating Agency
As per Regulation 2(h) of SEBI (Credit Rating Agencies) Regulations, 1999 ‘Credit Rating
Agency’ means a body corporate which is engaged in or proposes to be engaged in the
business of rating of securities that are listed or proposed to be listed on a stock exchange
recognised by the Board. A credit rating agency is required to be registered with SEBI in
accordance with SEBI (Credit Rating Agencies) Regulations, 1999.
1.2-2h Investment Advisor
As per clause 2(m) of SEBI (Investment Advisers), Regulations, 2013. ‘Investment Advisers’
means any person, who for consideration, is engaged in the business of providing investment
advice to clients or other persons or group of persons and includes any person who holds out
himself as an investment adviser, by whatever name called. An investment advisor is required
to be registered with SEBI in accordance with SEBI (Investment Advisers) Regulations, 2013.
1.2-2i Research analyst
As per Regulation 2(u) of SEBI (Research Analysts) Regulations, 2014. ‘Research Analysts’
means a person who is primarily responsible for following activities with respect to securities
that are listed or to be listed in a stock exchange whether or not any such person has the job
title of ‘research analyst’ and includes any other entities engaged in the issuance of the
research report or research analysis:
(a) preparation or publication of the content of the research report;
(b) providing research report;
(c) making ‘buy/sell/hold’ recommendation;
(d) giving price target;
(e) offering an opinion concerning the public offer.
The term also includes any associated person who reports directly or indirectly to such a
research analyst in connection with the activities provided above. A research analyst is
required to be registered with SEBI in accordance with SEBI (Research Analysts) Regulations,
2014.
1.2-2j Depository Participant
Depository Participants act as an agent of the depositories. They offer depository services to
investors. According to SEBI guidelines, financial institutions, banks, custodians, stockbrokers,
etc. are eligible to act as DPs. Depositories and Participants are required to be registered with
SEBI in accordance with SEBI (Depositories and Participants) Regulations, 2018.
1.2-2k Stock Brokers
A stock broker is a person who has trading rights in any recognised stock exchange. It also
includes a trading member. All stock-brokers dealing in securities are registered with SEBI in
accordance with SEBI (Stock Brokers) Regulation 1992.
1.3 PRODUCTS AND FEATURES OF SECURITIES MARKETS

1.3-1 Securities market products
1.3-1a Equity Shares
Equity shares, commonly referred to as ordinary share, represents the ownership of a

shareholder, as a fractional owner, in the company. The equity shareholders undertake the
maximum entrepreneurial risk associated with a business venture. Equity share capital can be
with voting rights or with differential rights as to dividend, voting or otherwise.
1.3-1b Shares with Differential Voting Rights

Section 43(a)(ii) of the Companies Act, 2013 authorizes a company to issue equity share
capital with differential rights as to dividend, voting or otherwise in accordance with Rule 4
of Companies (Share Capital and Debentures) Rules, 2014. For taxation purpose, there is no
difference in the treatment of income arising from such shares.
1.3-1c Preference Shares
Preference shares are those shares which get preference over equity shares in the case of
distribution of dividend and distribution of surplus at the time of winding up. They generally
carry a fixed rate of dividend and are redeemable after a specific period of time. According to
Section 55 of the Companies Act, 2013, a company cannot issue irredeemable preference
shares. The following types of preference shares are issued by the companies:
a) Cumulative preference shares: A preference share is said to be cumulative when the

arrears of dividend are accumulated and such arrears are paid before paying any dividend
to equity shareholders.
b) Non-cumulative preference shares: In the case of non-cumulative preference shares, the
dividend does not accumulate. The dividend is only payable out of the net profits of each
year. If there are no profits in any year, the arrears of dividend cannot be claimed in the
subsequent years. If the dividend on the preference shares is not paid by the company
during a particular year, it lapses.
c) Convertible preference shares: Convertible preference shares are those shares that can be
converted into equity shares within a certain period. If the terms of issue of preference
shares includes a right for converting them into equity shares at the end of a specified
period they are called convertible preference shares. In the absence of such a condition
or right, the preference shares are not converted into equity shares to become eligible for
various rights such as voting, higher dividend, bonus issue etc. as in the case of equity
shares.
d) Redeemable preference shares: A company limited by shares, may if so, authorized by its
article, issue preference shares that are redeemable as per the provisions laid down in
section 55 of Companies Act, 2013. Shares may be redeemed either after a fixed period
or earlier at the option of the company.
e) Participating preference share: Normally preference shareholders are not entitled to
dividend more than what has been indicated as part of the terms of issue, even in a year
in which the company has made huge profits. However, in case of participating preference
shares, holders are entitled to participate in the surplus profits left, after payment of
dividend to the preference and the equity shareholders to the extent provided therein.
Subject to provisions in the terms of issue such preference shares can be entitled even to
bonus shares.
f) Non-participating preference shares: Non-participating preference shares are entitled
only to a fixed rate of dividend and do not share in the surplus profits. The preference
shares are presumed to be non-participating unless expressly provided in the
memorandum or the articles or the terms of issue.
1.3-1d Debentures
As per Section 2(30) of the Companies Act, 2013 ‘Debenture’ includes debenture stock, bonds
or any other instrument of a company evidencing a debt, whether constituting a charge on
the assets of the company or not.
Further, the instruments referred to in Chapter III-D of the Reserve Bank of India
Act, 1934 and such other instruments as may be prescribed by the Central
Government in consultation with the Reserve Bank of India shall not be treated as a
debenture.
The following are the types of the debentures:
(a) Naked or unsecured debentures: Debentures of this kind do not carry any
charge on the assets of the company.
(b) Secured debentures: Debentures that are secured by a mortgage of the whole
or part of the assets of the company are called mortgage debentures or secured debentures.
(c) Redeemable debentures: Debentures that are redeemable on the expiry of a

certain period are called redeemable debentures.
(d) Perpetual debentures: If debentures are issued subject to redemption on the

happening of specified events that may not happen for an indefinite period, i.e., winding up,
etc. they are called perpetual debentures.
(e) Registered debentures: Such debentures are payable to the registered holders
whose name appears on the debenture certificate/letter of allotment and is registered on the
companies register of debenture holders maintained as per Section 88(1)(b) of the Companies
Act, 2013.
(f) Bearer debentures: Such debentures are payable to the bearer and are
transferable by mere delivery.
1.3-1e Equity Derivatives
An equity derivative is a class of derivatives whose value is derived from one or more
underlying equity securities. As per Section 2(ac) of the Securities Contracts (Regulation)
Act, 1956, ‘derivative’ includes:
a) a security derived from a debt instrument, share, loan, whether secured or unsecured,
risk instrument or contract for differences or any other form of security;
b) a contract that derives its value from the prices, or index of prices, of underlying
securities.
Options and futures are by far the most common equity derivatives. A ‘future contract’ is a
standardized contract between two parties where one of the parties commits to sell, a
specified quantity of a specified asset at an agreed price on a given date in the future. ‘Option’
is a contract that gives the holder the right to purchase or sell the underlying security at a
specified price within a specified period of time. Option may be a ‘Put Option’ or ‘Call Option’.
The commodity derivatives, currency derivatives and interest rate derivatives are similar to
equity derivatives.
1.3-1f Sweat Equity Shares
‘Sweat Equity Shares’ means such equity shares as are issued by a company to its directors or
employees at a discount or for consideration, other than cash, for providing their know-how
or making available rights in the nature of intellectual property rights or value additions, by
whatever name called.
1.3-1g Employees Stock Option Plans (‘ESOPs’)
As per Section 2(37) of the Companies Act, 2013 “Employee Stock Option” means the option
given to the following persons:
(a) Directors of the company;

(b) Officers of the company;
(c) Employees of a company;
(d) Employees of holding company/companies; and
(e) Employees of subsidiary company/companies;
Which gives such directors, officers or employees the benefit or right to purchase, or to
subscribe for, the shares of the company at a future date at a predetermined price.
The ESOPs are given to retain brilliant employees and to acknowledge their proven
contribution to the company. Whenever ESOPs are issued, employees get the right to
purchase a certain number of securities of the employer company at a discounted price (i.e.,
less than the market price of such shares). It allows employees to have a stake in the company,
which ensures higher loyalty and motivation for them to work. The option provided under
this scheme confers a right but not an obligation on the employees. Such an option to
purchase shares can be exercised only after the vesting period. Such vesting period is the time
period an employee must wait to get the right to buy those specified number of shares. Upon
vesting of options, employees can exercise the options to acquire shares by paying the
predetermined exercise price.
A listed company can issue shares to its eligible employees under the following types of
employee share-based schemes as prescribed under the SEBI (Share Based Employee Benefits
and Sweat Equity) Regulations, 2021
(a) Employee stock option scheme (ESOS)

ESOS means a scheme under which a company grants stock options to the employees
directly or through a trust.
(b) Employee stock purchase scheme (ESPS)
ESPS means a scheme under which a company offers shares to its employees, as a part
of a public issue or otherwise, through a trust where the trust may undertake
secondary acquisition for the purposes of the scheme.
(c) Stock appreciation rights scheme (SARS)
SARS means a scheme under which a company grants SARS to employees. Stock
Appreciation Right (SAR) means a right given to a SAR grantee entitling him to receive
appreciation for a specified number of shares of the company where the settlement
of such appreciation may be made by way of cash payment or shares of the company.
(d) General employee benefits scheme (GEBS)
GEBS means any scheme of a company framed in accordance with these regulations,
dealing in shares of the company or the shares of its listed holding company, for the
purpose of employee welfare, including healthcare benefits, hospital care, or benefits,
or benefits in the event of sickness, accident, disability, death or scholarship funds, or
such other benefit as specified by such company.
(e) Retirement benefit schemes (RBS)
RBS means a scheme of a company, framed in accordance with these regulations,

dealing in shares of the company or the shares of its listed holding company, for
providing retirement benefits to the employees subject to compliance with existing
rules and regulations as applicable under laws relevant to retirement benefits in India.
1.3-1h Secured Premium Notes
These instruments are issued with detachable warrants and are redeemable after a notified
period, say 4 to 7 years. The warrants enable the holder to get equity shares allotted provided
the secured premium notes are fully paid. It combines the feature of both debt and equity.
During the lock-in period, no interest is paid. The holder has an option to sell back the SPN to
the company at par value after the lock-in period. If the holder exercises this option, no
interest/premium is paid on redemption. In case the holder keeps it further, he is repaid the
principal amount along with the additional interest/premium on redemption in instalments
as per the terms of issue. The conversion of detachable warrants into equity has to be done
within the specified time.
1.3-1i Equity Shares with detachable warrants
The holder of the warrant is eligible to apply for the specified number of shares on the
appointed date at the predetermined price. These warrants are separately registered with
the stock exchanges and traded separately. The practice of issuing non-convertible
debentures with detachable warrants also exists in the Indian market.
1.3-1j Dual Option Warrants
Dual option warrants are designed to provide the buyer with good potential of capital
appreciation and limited downside risk. Dual option warrants may be used to sell equity
shares in different markets. For example, equity shares or debentures may be issued with two
warrants - one warrant giving a right to the purchaser to get one equity share at the end of a
certain period and another warrant with a debt or preference share option.
1.3-1k Debt Instruments with Debt Warrants
Debt instruments may be issued with debt warrants which give the holder the option to invest
in additional debt on the same terms within the period specified in the warrant. This
instrument is beneficial to the investors in periods of falling interest rates when the holder
can exercise the debt warrant option and hold additional debt at, interest rates above market
rates.
1.3-1l Debt for Equity Swap
These instruments give an offer to the debt holders to exchange the debt for equity shares of
the company. The issuers offering debt for equity swaps are interested in increasing equity
capital by improving their debt-equity ratios and enhancing their debt issuing capacity. They
reduce their interest burden and replace it with dividend burden which is payable at the
discretion of the issuer. However, the issuer faces the risk of dilution of earnings per share by
a sharp rise in the equity. In addition, dividends are not tax-deductible.
From the investors’ point of view, there is a potential gain from the rise in the value of the
equity shares. The potential rise in the price of equity shares may or may not materialize.
Variations of this instrument are mortgage-backed securities that split the monthly payment
from underlying mortgages into two parts - each receiving a specified portion of the principal
payments and a different specified portion of the interest payments.
1.3-1m Masala Bonds
Masala means spices and the term was used by International Finance Corporation (IFC) to
popularize the culture and cuisine of India on foreign platforms. Masala Bonds are rupee-
denominated borrowings issued by Indian entities in overseas markets. The objective of
Masala Bonds is to fund infrastructure projects in India, fuel internal growth via borrowings
and internationalize the Indian currency.
1.3-1n FCCBs
Foreign Currency Convertible Bond (FCCB) is a quasi-debt instrument which is issued by any
corporate entity, international agency or sovereign state to investors all over the world. They
are denominated in any freely convertible foreign currency. FCCBs can either be unsecured
or secured, but in practice most of the FCCBs issued in India are unsecured. FCCBs are also
freely tradeable and the issuer has no control over the transfer mechanism and cannot be
even aware of the ultimate beneficiary.
FCCBs represent equity-linked debt security which can be converted into shares or into
depository receipts. The investors of FCCBs have an option to convert it into equity in
accordance with pre-determined formula and sometimes also at a pre-determined exchange
rate. The investors also have an option to retain the bond. By issuing these bonds, a company
can avoid any dilution in earnings per share that a further issue of equity might cause whereas
such security still can be traded on the basis of underlying equity value.
1.3-1o ADRs, GDRs {definition from SORM}
An American Depository Receipt (‘ADR’) is a dollar-denominated form of equity ownership in

the form of depository receipts in a non-US company. It represents the foreign shares of the
company held on deposit by a custodian bank in the company’s home country and carries the
corporate and economic rights of the foreign shares.
Global Depository Receipt (‘GDR’) is a negotiable instrument denominated in US dollars. It is
a form of depository receipt created by the Overseas Depository Bank outside India
denominated in dollar and issued to non-resident investors against the issue of ordinary
shares or foreign currency convertible bonds of issuing company. GDRs have access usually
to Euro market and US market. The US portion of GDRs to be listed on US exchanges to comply
with SEC requirements and the European portion comply with EU directive. Listing of GDR
may take place in international stock exchanges such as London Stock Exchange, New York
Stock Exchange, American Stock Exchange, NASDAQ, Luxemburg Stock Exchange, etc.
1.3-1p Zero-Coupon Bonds or Deep Discount Bonds
Zero-Coupon Bond is a type of bond which is issued at a deep discount to its face value. It is
a type of debt security instrument that does not pay interest and is redeemed at face value
at maturity.
1.3-1q Government Securities
A Government Security (G-Sec) is a tradeable instrument issued by the Central Government

or the State Governments. It acknowledges the Government’s debt obligation. Such securities
are short-term (usually called treasury bills, with original maturities of less than one year) or
long-term (usually called Government bonds or dated securities with an original maturity of
one year or more). In India, the Central Government issues both, treasury bills and bonds or
dated securities while the State Governments issue only bonds or dated securities, which are
called the State Development Loans (SDLs). G-Secs carry practically no risk of default and,
hence, are called risk-free gilt-edged instruments.
1.3-1r Sovereign gold bonds
Sovereign Gold Bonds are government securities denominated in grams of gold. They are
substitutes for holding physical gold. Investors have to pay the issue price in cash and the
bonds will be redeemed in cash on maturity. The Bond is issued by Reserve Bank on behalf of
the Government of India. The bonds are tradable on stock exchanges. The bonds can also be
sold and transferred as per provisions of the Government Securities Act.
1.3-1s Equity Oriented Mutual Funds
An ‘Equity Oriented Fund’ is a mutual fund scheme where the investible funds are invested in
equity shares in domestic companies to the extent of more than 65% of the total proceeds of
such fund.
1.3-1t Exchange-Traded Funds (ETFs)

Exchange-Traded Funds (ETFs) are essentially Index Funds that are listed and traded on
exchanges. An ETF is a basket of stocks, bonds or commodities that reflect the composition
of an Index, like S&P, CNX, Nifty or Sensex. The current trading value of ETFs is derived from
the net asset value of underlying stocks/commodities that it represents. ETFs are generally
suitable for risk-averse traders who find it difficult to identify stocks for their portfolio. Various
mutual funds provide ETF investment products that attempt to replicate the benchmark
indices on the BSE & NSE.
1.4 VARIOUS INVESTMENT VEHICLES IN SECURITIES MARKETS
1.4-1a REITs
‘Real Estate Investment Trust’ (REIT) means a trust registered as such under the SEBI (Real
Estate Investment Trusts) Regulations, 2014. In REIT, money is pooled together with other
investors in a collective investment scheme that invests in a portfolio of income-generating
real estate assets such as shopping malls, offices, hotels or serviced apartments with a view
to generating income for unitholders. REITs are structured as trusts and thus the assets of a
REIT are held by an independent trustee on behalf of unitholders.
1.4-1b InvITs
‘Infrastructure Investment Trust’ (‘InvIT’) means a trust registered as such under the SEBI
(Infrastructure Investment Trusts) Regulations, 2014. Infrastructure Investment Trust is
another form of mutual fund which enables small investors to invest in the infrastructure
sector. As the name implies, infrastructure investment trust invests pooled money of investor
in the sector and give returns in the form of dividend to their unitholders.
1.4-1c Alternative Investment Funds
As per Regulation 2(b) of SEBI (Alternative Investment Fund), Regulations, 2012. ‘AIF’ means
any fund established incorporated in India in the form of a trust, company, LLP or a body
corporate which:
(a) is a privately pooled investment vehicle that collects funds from investors,
whether Indian or foreign, for investing it in accordance with a defined investment
policy for the benefit of its investors; and
(b) is not covered under the SEBI (Mutual Funds) Regulations, 1996, SEBI
(Collective Investment Schemes) Regulations, 1999 or any other regulations of SEBI,
which aims to regulate fund management activities.
Following entities or funds are not considered as Alternative Investment Fund:
(a) Family trusts set up for the benefit of ‘relatives’ as defined under Companies
Act, 2013;
(b) ESOP Trusts set up under the SEBI (Share Based Employee Benefits)
Regulations, 2014 or as permitted under Companies Act, 2013;
(c) Employee welfare trusts or gratuity trusts set up for the benefit of employees;
(d) ‘Holding companies’ as defined under Section 2(46) of Companies Act, 2013;
(e) Other special purpose vehicles not established by fund managers, including
securitization trusts, regulated under a specific regulatory framework;
(f) Funds managed by a securitisation company or reconstruction company which
is registered with the RBI under Section 3 of the SARFAESI Act, 2002; and
(g) Any such pool of funds which is directly regulated by any other regulator in
India.
1.4-1d Category-I Alternative Investment Fund
‘Category-I Alternative Investment Funds’ are those funds that invest in start-up or early-
stage ventures or social ventures or SMEs or infrastructure or other sectors or areas which
the Government or regulators consider as socially or economically desirable and shall include
Venture Capital Funds, SME Funds, Social Venture Funds, Infrastructure Funds, Special
Situation Funds and such other Alternative Investment Funds as may be specified.
This category of AIF shall include those funds which are generally perceived to have positive
spill over effects on the economy and for which the Board or Government or other regulators
in India might consider providing incentives or concessions. Where such funds are formed as
companies or trusts, they shall be construed as ‘Venture Capital Company (VCC)’ or ‘Venture
Capital Fund’ as specified under Section 10(23FB) of the Income-tax Act, 1961.
1.4-1e Category-II Alternative Investment Fund

‘Category-II Alternative Investment Funds’ are those funds that do not fall in Categories I and
III and which do not undertake leverage or borrowing other than to meet day-to-day
operational requirements and as permitted in these regulations.
This category of AIF shall include private equity funds or debt funds for which no specific
incentives or concessions are given by the Government or any other Regulator.
1.4-1f Category-III Alternative Investment Fund

‘Category-III Alternative Investment Funds’ are those funds that employ diverse or complex
trading strategies and may employ leverage including through investment in listed or unlisted
derivatives.
This category of AIF shall include hedge funds or funds that trade with a view to make short
term returns or such other funds that are open-ended and for which no specific incentives or
concessions are given by the Government or any other Regulator.
1.4-1g FPIs
As per Regulation 2(j) of the SEBI (Foreign Portfolio Investors) Regulations, 2019, ‘Foreign
Portfolio Investor’ means a person who is registered under the regulations and shall be
deemed to be an intermediary in terms of provisions of the Act. FPIs are those investors who
hold a short-term view on investing in a company as compared to FDIs.
FPIs are categorized into two categories under which they can seek registration from SEBI:
(a) Category I: It includes Government and entities like Foreign Central banks,
Sovereign wealth Funds, Multilateral Organizations, Banks, Pension Funds and
University Funds, Insurance or Reinsurance Companies, Investment Advisors, Asset
Management Companies, Investment Managers, Portfolio Managers, Broker dealers
and swap dealers, Entities from Financial Action Task Force (FATF) countries and an
entity whose investment manager is from FATF member country, etc.
(b) Category II: It includes all the investors not eligible under the Category I foreign
portfolio investors and shall include appropriately regulated funds not eligible as
Category-I foreign portfolio investor, endowments and foundations, charitable
organisations, corporate bodies, family offices, individuals, appropriately regulated
entities (which shall include an applicant incorporated or established in an
International Financial Services Centre) investing on behalf of their client, as per SEBI
specified conditions and Unregulated funds in the form of limited partnership and
trusts.
1.5 SOURCES OF TAX REGULATIONS IN SECURITIES MARKETS

Every person trading or investing in the securities market has to pay certain taxes on every
transaction (refer Annexure H for taxes applicable on the sale/purchase of securities). Further,
if he earns any income from the securities market during the financial year then he shall be
liable to pay Income-tax thereon.
The regulations relating to Income-tax are provided under Income-tax Act, 1961. The Central
Board of Direct Taxes (CBDT) is the statutory authority that deals with the matters relating to
levy and collection of direct taxes (including Income-tax and STT).
The CBDT makes rules for carrying out the provisions of the Income-tax Act. The Rules relating
to various provisions of the Income-tax Act, 1961 are provided under Income-tax Rules, 1962.
The rules so made by the CBDT are amended from time to time through notifications.
Further, it also issues Circulars to clarify certain provisions of the Act or Rule which are
binding on tax authorities but not on the taxpayers.
Review Questions:
1. Which one of these is/are functions of the Securities Markets?

(a) Continuous & ready market for securities
(b) Encourages capital formation
(c) Economic barometer
(d) All of these
2. Which one of these is/are the regulator of the Securities Markets in India?
(a) The Reserve Bank of India (RBI)
(b) Stock Exchanges
(c) The Securities and Exchange Board of India (SEBI)
(d) None of these
3. Companies can issue securities by way of __________.

(a) Initial Public Offering (IPO)
(b) Rights Issue
(c) Bonus Issue
(d) All of these
4. Research analyst’ is responsible for which of the following (with respect to

securities)?
(a) Offer an opinion
(b) Make ‘buy/sell/hold’ recommendations
(c) Publish Research Reports
(d) All of these
CHAPTER 2: CONCEPTS IN TAXATION
 Assessment Year, Previous Year, Person, Assessee, Residential Status

 Scope of Income, Different heads of Income, Deductions, Exemptions, Rebates
 Gross Taxable Income, Taxable Income, Tax Payable, Clubbing of Income
 Set off and Carry Forward of Loss under the Heads – Capital Gains and Income from
Other Sources and Business Profession
 Difference between investing and dealing in shares and securities
 Alternate Minimum Tax (AMT) and Minimum Alternate Tax (MAT)
 Double Tax Avoidance Agreement (DTAA)
 General Anti-Avoidance Rules (GAAR)
 Exempt Exempt Tax (EET), Exempt Exempt Exempt (EEE), Exempt Taxable Taxable
(ETT)
 Marginal Rate of Tax and Effective Rate of Tax
 Tax alpha
The provisions of Income-tax are contained in the Income-tax Act, 1961 which extends to the
whole of India. The Income-tax Act comprises of various chapters which include provisions
relating to the determination of the residential status of a person in India, exemptions,
computation of total income, deductions, determination of tax liability, filing of income tax
return, the procedure for assessments, etc. Before discussing the taxability of an investor,
trader, or intermediaries dealing in the securities market, it is essential to learn about some
of the basic concepts relating to the Indian Income-tax Act.
2.1 WHAT IS A ‘PREVIOUS YEAR’?
Section 3 of the Income-tax Act defines 'Previous year' as the financial year immediately
preceding the assessment year. In simple words, every financial year in which income is
earned is termed as 'previous year'. Though a taxpayer pays tax in the previous year itself in
which income is earned by way of Tax Deducted at Source (TDS) or Advance-tax, it is assessed
to tax by the Income-tax Department in the assessment year which begins after the previous
year ends.
2.2 WHAT IS ‘ASSESSMENT YEAR’?
Section 2(9) of the Income-tax Act defines 'assessment year' as a period of 12 months
commencing on the 1st day of April every year. Thus, an assessment year starts from 1st April
every year and ends on 31st March of the next year. Income earned by a person in a previous
year is taxed in the assessment year at the rates prescribed for such assessment year in the
relevant Finance Act (see Annexure E).
For example, Income earned by a person during the financial year 2021-22 shall be assessed
to tax in the financial year 2022-23. Thus, the assessment year, in this case, shall be financial
year 2022-23 and the previous year shall be financial year 2021-22.
2.3 WHO IS A ‘PERSON’?
Section 2(31) of the Income-tax Act provides an inclusive definition of a person. It provides
that a person includes:
(a) Individual
(b) Hindu undivided family (HUF)
(c) Company
(d) Partnership Firm [including Limited Liability Partnership (LLP)]
(e) Association of Person (AOP) or Body of Individual (BOI), whether incorporated or not
(f) Local authority
(g) Artificial juridical person, not falling within any of the above categories.
Persons referred under clauses (e), (f), and (g) shall be deemed as a person even if it is not
formed or established or incorporated with the object of deriving income, profits, or gains.
2.4 WHO IS AN ‘ASSESSEE’?
Section 2(7) of the Income-tax Act defines the term assessee as the person who is liable for
payment of taxes or any other sum of money under the Act. It also includes the person in
respect of whom any proceeding has been initiated under this Act. Such proceedings may be
in respect of income, loss, or refund. The term ‘assessee’ also includes ‘deemed assessee’ and
‘assessee-in-default’.
2.4-1.Deemed to be an assessee
A deemed assessee is a person who is assessable in respect of income or loss or refund of any
other person, such as representative assessee, legal representative, an agent of a non-
resident, etc.
2.4-2.Assessee-in-default
Assessee in default is not specifically defined under the Income Tax Act, however in general
sense, It includes a person who is deemed as an assessee-in-default under the provisions of
the Income-tax Act. The Income-tax Act contains various provisions in which an assessee is
deemed to be in default if he fails to discharge his prescribed obligations such as failure to
furnish return of income, failure in payment or deposit of tax, etc.
2.5 WHAT IS ‘RESIDENTIAL STATUS’?
The income-tax liability of an assessee is calculated on basis of his ‘Total Income’. What is to
be included in the total income of an assessee is greatly influenced by his residential status in
India. For example, a person resident in India is liable to pay tax in India on his total global
income. On the other hand, a person, who is a citizen of India but non-resident in India during
the year, is liable to pay tax only on his Indian income. The Total Income of an assessee cannot
be computed unless his residential status is determined as per provisions of section 6 of the
Income-tax Act.
Hitherto the residential status of an Individual was determined on the basis of his period of
stay in India. However, with effect from Assessment Year 2021-224, the residential status of
an Individual is determined on basis of his citizenship, period of stay in India, and total income
from Indian sources.
An assessee can be categorized into the following residential status during the previous year:
(a) Resident in India

(b) Non-Resident in India
A resident individual and HUF are further sub-classified into the following status:
(a) Resident and Ordinarily Resident

(b) Resident but Not-ordinarily Resident
A new category of ‘deemed resident’ has been introduced in clause (1A) of Section 6 with
effect from Assessment Year 2021-22. As per Section 6(1A)5, an Indian citizen, who is not a
resident under Section 6(1), shall be deemed to be resident in India (irrespective of his stay in
India) if his total income, excluding income from foreign sources [hereinafter referred to as
‘Indian Income’] exceeds Rs. 15 lakhs during the previous year and he is not liable to tax in
any other country or territory by reason of his domicile or residence or any other criteria of
similar nature. Here, ‘income from foreign sources’ means income which accrues or arises
outside India (except income derived from a business controlled in or a profession set up in
India) and which is not deemed to accrue or arise in India. A deemed resident is always treated
as Not-Ordinarily Resident.
4 The Finance Act, 2020 substituted the provisions for determination of residential status with effect from Assessment Year
2021-22
5 Inserted by the Finance Act, 2020
2.5-1.Residential status of an Individual
The residential status of an Individual is categorised into the following categories:
2.5-1a. Resident in India
An individual is treated as a resident in India if he stays in India for:
(a) 182 days or more during the relevant previous year; or

(b) 60 days or more (but less than 182 days) during the relevant previous year and for 365
days or more in 4 years preceding the previous year.
The condition (b) is not applicable in the case of an Indian citizen or a person of Indian Origin6
in the following circumstances.
Exception 1: ‘60 days’ to be replaced with ‘182 days’
The condition (b) is substituted with the condition of stay in India for 182 days during the
relevant previous year and for 365 days or more in 4 years preceding the previous year if the
individual falls in any of the following categories:
a) Indian citizen, being outside India, who comes on a visit to India during the previous year
and his Indian income is up to Rs. 15 lakhs;
b) Person of Indian Origin, being outside India, who comes on a visit to India during the
previous year and his Indian income is up to Rs. 15 lakhs;
c) An Indian citizen who leaves India during the previous year for the purpose of employment;
or
d) An Indian citizen who leaves India during the previous year as a member of the crew of an
Indian Ship.
Exception 2: ‘60 days’ to be replaced with ‘120 days ‘
The condition (b) is substituted with the condition of stay in India for 120 days during the
relevant previous year and for 365 days or more in 4 years preceding the previous year if the
following conditions are satisfied:
a) The individual is an Indian Citizen or a Person of Indian Origin;

b) He comes on a visit to India; and
c) His Indian income during the previous year exceeds Rs. 15 lakhs.
6A person is said to be of Indian Origin if he, or either of his parents or any of his grandparents were born in undivided India,
that is, before partition of India.
The individual, in this situation, is deemed as ‘Not Ordinarily Resident in India’.
2.5-1b. Deemed Resident
In view of Section 6(1A)7, an Indian Citizen, who is not a resident under Section 6(1), shall be
deemed to be resident in India during the previous year if his Indian income during that year
exceeds Rs. 15 lakhs and he is not liable to pay tax in any other country or territory by reason
of his domicile or residence or any other criteria of similar nature. Such an individual is
deemed as ‘Not Ordinarily Resident’ in India. These provisions are applicable notwithstanding
the number of days of stay in India during the previous year.
2.5-1c. Non-resident
An individual is treated as a non-resident in India if he does not satisfy any of the conditions
required to be fulfilled to become a resident. In other words, he is treated as a non-resident
if he does not satisfy the conditions of being a resident mentioned in para 2.5-1a and 2.5-1b.
2.5-1d. Not Ordinarily Resident
An individual will be treated as Not Ordinarily Resident (NOR) in India if he satisfies any one
condition specified below:
a) He has been a non-resident in India for at least 9 out of 10 years immediately preceding
the relevant previous year; or
b) He has been in India for 729 days or less during the period of 7 years immediately preceding
the previous year.
If he does not satisfy any of the abovementioned conditions, he is treated as Ordinarily

Resident (ROR) in India. However, the persons specified in the below categories are always
considered as Not Ordinarily Resident.
a) Deemed Resident
An Indian Citizen who is deemed as a resident in India under Section 6(1A) is treated as Not
Ordinarily Resident in India. In other words, an individual shall be deemed as Not Ordinarily
Resident in India if the following conditions are satisfied:
(a) He is an Indian Citizen;

(b) His total income from Indian sources during that year exceeds Rs. 15 lakhs; and
(c) He is not liable to pay tax in any other country or territory by reason of his domicile or
residence or any other criteria of similar nature.
7 Inserted by the Finance Act, 2020 with effect from Assessment year 2021-22
b) Specified Indian Citizens or Person of Indian Origin
An individual shall be deemed as Not Ordinarily Resident in India if the following conditions
are satisfied:
(a) He is an Indian Citizen or a person of Indian origin;

(b) His Indian income during the previous year exceeds Rs. 15 lakhs; and
(c) His stay in India is for 120 days or more (but less than 182 days) during the relevant
previous year and for a period of 365 days or more in 4 years preceding the previous year.
2.5-2.Residential Status of HUF
The residential status of an HUF depends upon its place of control and management and the
residential status of its Karta.
An HUF is said to be resident in India in any previous year in every case except where during
the year the control and management of its affairs are situated wholly outside India. If
principal decision-makers of the HUF take even a single decision in India, the HUF will be
considered as a resident of India as ‘part of its control and management’ will be deemed to
be situated in India.
2.5-2b. Non-Resident
An HUF is deemed as a non-resident in India if, during the previous year, the control and
management of its affairs are situated wholly outside India.
2.5-2c. Resident and Not-Ordinarily Resident
A resident HUF is further categorised into Not-Ordinarily Resident in India if any one of the
following conditions is satisfied:
1. Manager has been a non-resident in India for at least 9 years out of 10 years preceding
the previous year; or
2. Manager has been in India for 729 days or less during the period of 7 years preceding the
previous year.
2.5-3.Residential status of a company
2.5-3a. Indian Company

An Indian Company means a company formed and registered under the Companies Act, 2013.
Indian companies are always treated as resident in India. Even if an Indian company is a
subsidiary of a foreign company or it is controlled from a place located outside India, the
Indian company is considered as resident in India. An Indian company can never be a non-
resident person.
2.5-3b. Foreign Company
A foreign company8 is treated as a resident in India if during the relevant previous year its
Place of Effective Management (POEM) is in India.
For determination of Place of Effective Management, the CBDT has issued the guidelines in
Circular No. 6/2017, dated January 24, 2017. These guidelines apply to a foreign company
whose gross turnover or receipts during the year exceed Rs. 50 Crores9.
2.5-4.Residential Status of Firm or AOP or BOI or Local Authority or Artificial Juridical Person
To determine the residential status of a partnership firm or AOP or BOI or Local Authority or
Artificial Juridical Person, the residential status of partner or member during the previous year
is not relevant. A firm or AOP or BOI or Local Authority or Artificial Juridical Person cannot be
“ordinarily resident” or “not ordinarily resident”.
A partnership firm or AOP or BOI or Local Authority or Artificial Juridical Person is said to be
resident in India in a previous year if any part of the control and management of its affairs is
situated in India during that year. If principal decision-makers take even a single decision in
India, the firm or AOP or BOI or Local Authority or Artificial Juridical Person will be considered
as resident of Indian as ‘part of its control and management’ will be deemed to be situated in
India. In other words, it is not necessary that substantial control and management should be
situated or exercised in India.
For example, if regular accounts and reports of the foreign AOP are forwarded to the
members in India from time to time by the employees, instructions are sought from the
members regarding the conduct of the foreign business, and such instructions are duly sent,
these are substantial indications of the control and management situated in India.
2.5-4b. Non-Resident in India
8 With effect from Assessment Year 2017-18 the residential status of a foreign company is determined as per POEM
guidelines. Till Assessment Year 2016-17, a foreign company is said to be resident in India in any previous year, if during
that year, the control and management of its affairs is situated wholly in India.
9 Circular No. 8/2017, dated February 23, 2017
A partnership firm or AOP or BOI or Local Authority or Artificial Juridical Person is said to be
non-resident in India in a previous year if the control and management of its affairs are
situated wholly outside India during that year.
2.6 SCOPE OF INCOME
Scope of total income according to the residential status of an assessee shall be as under:
2.6-1.Resident and Ordinary Resident
A resident assessee (Individual and HUF) shall be liable to pay tax in India on the following
incomes:
a) Income received or is deemed to be received in India in the previous year by or on behalf

of such assessee;
b) Income accrues or arises or is deemed to accrue or arise to such assessee in India during
such year; and
c) Income accrues or arises to him outside India during such year.
2.6-2.Resident and Not Ordinary Resident
A resident but not ordinarily resident assessee (Individual and HUF) shall be liable to pay tax
in India on the following incomes:

of such assessee;
b) Income accrues or arises or is deemed to accrue or arise to such assessee in India during
such year; and
c) Income accrues or arises to him outside India during such year if it is derived from a
business controlled in India or from a profession set up in India.
2.6-3.Non-Resident
In case of a non-resident assessee, the following incomes shall be taxable in India:

of such person; and
b) Income accrues or arises or is deemed to accrue or arise to such person in India during
such year.
2.6-4.Summary
Nature of income Resident and Resident but not Non-resident

ordinarily ordinarily
resident resident
Income received or is deemed Taxable Taxable Taxable
to be received in India
Income accrues or arises or is Taxable Taxable Taxable
deemed to accrue or arise in
India
Income accrues or arises Taxable Taxable Not-taxable
outside India if it is derived
from a business controlled in
India or from a profession set
up in India
Income accrues or arises Taxable Not-taxable Not-taxable
outside India from a business
controlled outside India or a
profession set up outside India
2.7 HEADS OF INCOME
In the Income-tax Act, the income is computed under five heads of income, namely, salary,
house property, business or profession, capital gain, and other sources. Total income is the
aggregate of income computed under these heads.
2.7-1.Salary Income
‘Salary’ is the first head of income. Income-tax Act defines the term ‘Salary’ under section
17(1) which inter alia include wages, annuity, pension, gratuity, any fees, commissions,
perquisites or profits in lieu of salary, salary advance, leave encashment, employers’
contribution to provident fund in excess of 12% of salary, contribution to pension scheme
under Section 80CCD, etc. Taxability of an income under this head pre-requisites existence of
an employer and employee relationship. In the absence of the employer-employee
relationship, the income shall be assessable either as business income or income from other
sources. It is pertinent to note that any benefit, whether monetary or otherwise derived by
an employee in connection with his employment will be taxed under the head “Salary” only.
The income under this head shall be taxable on due basis or receipt basis, whichever is earlier.
Salary due from an employer to an employee shall be chargeable to tax even if it is not paid
during the year. However, taxation of Employee Stock Option Plans (ESOPs) is an exception
to this principle. (for details see Para 7.1 of Chapter 7 for Taxation of ESOPs).
2.7-1a. Computation of taxable income
Generally, the salary income shall be computed in the following manner:
Particulars Amount
Basic Salary xxx
Add: Additions
a) Allowances (to the extent of taxable amount) xxx
b) Perquisites xxx
c) Profit in Lieu of Salary xxx
d) Retirement benefits (to the extent of taxable amount) xxx
e) Pension
xxx
Less: Deductions
a) Entertainment Allowance
(xxx)
b) Employment Tax
c) Standard Deduction
(xxx)
(xxx)
Income chargeable under the head Salary xxx
2.7-2.House property income
Income is taxable under the head ‘house property’ if it arises from a property consisting of
any building or lands appurtenant thereto. For the computation of income under this head, a
house property is classified into three categories: (a) let-out; (b) self-occupied, and (c)
deemed let-out house property.
The rental income from immovable property is taxable under the head ‘Income from house
property’ if the following conditions are satisfied:
2.7-2a. Building and land appurtenant thereto
Income is taxable under this head if it arises from a property that consists of any building or
lands appurtenant thereto. Though the word ‘property’ has a wide meaning, but for
chargeability of income under this head, the property must consist of any building or land
appurtenant thereto.
For example, if any income is derived from vacant land, then such income shall not be
chargeable to tax under the head ‘Income from house property’ as the property does not
consist of any building. Such rental income is chargeable to tax under the head ‘profits and
gains from business or profession’ or ‘Income from Other Sources’.
The land is called as ‘land appurtenant to the building’ if it is an indivisible part and parcel of
a building for its use and enjoyment by the occupiers and it is not put to any other use and is
not yielding any income assessable under this head. Generally, playgrounds, parking lots,
garages, backyards, gardens, etc. are treated as land appurtenant to a building.
2.7-2b. Ownership of property
Income from a building and land appurtenant thereto are chargeable to tax under the head
‘house property’ only in the hands of an owner. If a person, deriving rental income from a
property, is not the owner of such property, then the income so derived shall be chargeable
to tax either as business income or income from other sources but not as income from house
property.
To become an owner of a property, a person must hold the legal title of the property in his
name. He should be able to exercise the rights of the owner, not on behalf of the owner but
in his own right. However, in a certain situation, despite not holding the legal ownership of a
property, a person is considered as deemed owner of the property, and income from such
property is chargeable to tax in his hands.
2.7-2c. Use of property
The annual value of a house property is chargeable to tax under this head if the owner does
not utilize the property to carry on his business or profession. Even if an assessee is engaged
in the business of letting out of the property, the rental income earned from such business is
taxable as income from house property. However, in certain situations, the rental income
earned by a person is taxable as business income.
2.7-2d. Computation of income from house property
For the computation of income from house property, a house property has to be classified
into the following categories:
(a) Let-out;
(b) Self-occupied; and
(c) Deemed let-out.
Broadly, the income from such house property is computed in the following manner:
Particulars Let-out Self- Deemed

occupied Let-out
Annual Value of the property (A) xxx - xxx
Less:
(-) Municipal taxes (B) (xxx) - (xxx)
Net Annual Value [C= A – B] xxx - xxx
Share in Net Annual Value [D = C * share in property] xxx - xxx
Less: Standard Deduction (E) {30% of D above} (xxx) - (xxx)
Less: Interest on home loan (F) (xxx) (xxx) (xxx)
Income from house property [G= D – E – F] xxx xxx xxx
Add: Arrears of rent or unrealised rent * 70% [H] xxx - xxx
Total Income from house property [I = G + H] xxx xxx xxx
2.7-3.Profit and gains of business or profession
When an assessee carries on any business or profession, the income arising from such
business or profession shall be calculated and taxed under the head ‘Profit and Gains from
Business or Profession’.
2.7-3a. Meaning of business
Section 2(13) of the Income-tax Act provides an inclusive definition of the term business:
“Business includes any trade, commerce, or manufacture or any adventure or concern in the
nature of trade, commerce or manufacture.”
However, the term business does not necessarily mean trade or manufacture only. The word
‘business’ has a comprehensive meaning and may be used in many different connotations.
Business connotes some real, substantial, and systematic or organized course of activity or
conduct with a set purpose10. It means an activity carried on continuously and systematically
by a person by the application of his labour and skill to earn an income. In taxing statutes, it
is used in the sense of an occupation or profession, which occupies time, attention, and labour
of a person, generally with the object of making a profit. Though the element of profit is
usually present in ‘business’ but the motive of making a profit or actual earning of profit is
not a necessary ingredient of business.
2.7-3b. Computation of business income
As a general rule, all revenue receipts arising in the course of business shall be taxable under
the head profits and gains from business or profession. Section 28 of the Income-tax Act
provides an inclusive list of all income which are chargeable to tax under this head. The
business profits shall be computed according to the method of accounting regularly employed
by the assessee. Thus, if the assessee follows the cash system of accounting, profits shall be
computed on a receipts basis, while in the mercantile system, it should be computed on an
accrual basis.
10 Narain Swadeshi Weaving Mills v. Commissioner of Excess Profits Tax - [1954] 26 ITR 765 (SC)
The Income-tax Act allows certain types of small and medium enterprises to compute income
from business or profession on a presumptive basis. However, a person earning income in the
nature of commission or brokerage cannot opt for such a presumptive taxation scheme.
The business income under the normal provision shall be computed in the following manner:
Particular Amount
Revenue receipts xxx

Capital receipts which are specifically covered xxx
Less:
1. Revenue Expenditures (xxx)
2. Capital Expenditures which are specifically allowed as a deduction (xxx)
3. Depreciation (xxx)
4. Expenditures allowed on payment basis (xxx)
5. Expenditures allowed on fulfilment of certain conditions
(xxx)
Taxable Income from business or profession xxx
The business income under the presumptive scheme shall be computed in the following
manner:
Particulars Amount
Total turnover or gross receipts of business or profession xxx
Presumptive income as a percentage of turnover or receipts or otherwise xxx
Less:
Expenditures which are specifically allowed as a deduction (xxx)
Presumptive Income from business or profession xxx
2.7-3c. Speculative & Non-speculative business income
While computing the income under the head ‘profits and gains from business or profession’,
a business transaction has to be classified into ‘speculative’ and ‘non-speculative’. As per
Section 43(5) of the Income-tax Act, a transaction of purchase or sale of any commodity
(including stock and shares) is considered as a ‘speculative transaction’ if it is periodically or
ultimately settled otherwise than through the actual delivery. However, where a transaction
is entered into to safeguard against losses (i.e., hedging transaction) or a transaction in
derivatives (including commodity derivatives) is not considered as a speculative transaction.
Where speculative transactions carried on by an assessee are of such a nature as to constitute

a business, such business is treated as a speculative business. The provisions for computation
of profit and tax rates are the same in case of a speculative and non-speculative business
except treatment of losses. If any loss is suffered from speculative business, it cannot be set
off or adjusted against any profit from the non-speculative business. Further, such losses can
be carried forward for 4 years only in contrast to 8 years allowed for non-speculative business
losses. (To know more about business income, please refer Chapter 8.)
2.7-4.Capital Gains
Any profit or gain arising from the transfer of a capital asset is taxable under the head ‘capital
gains’ in the previous year in which such transfer takes place. However, every transfer of a
capital asset does not give rise to taxable capital gain because some transactions are either
not treated as ‘transfer’ under Section 47 or they are excluded from the meaning of a capital
asset (such as rural agricultural land), or they enjoy exemption under Sections 54 to 54GB.
Determination of income taxable under the head capital gains depends upon various factors
such as period of holding, cost of acquisition, full value of consideration, etc. The nature of
capital gain, that is, short-term or long-term, is determined on the basis of the period of
holding of the capital asset (for detailed discussion refer Chapter 3).
The short-term and long-term capital gain arising from the transfer of a capital asset is
computed in the following manner:
Computation of short-term capital gain
Full value of consideration xxx
Less:
a) Expenditure incurred wholly and exclusively in connection with the transfer (xxx)
b) Cost of acquisition
c) Cost of improvement (xxx)
d) Exemption under Sections 54B, 54D, 54G and 54GA (xxx)
(xxx)
Short-term capital gain or loss xxx
Computation of long-term capital gain
Less:
a) Expenditure incurred wholly and exclusively in connection with transfer (xxx)
b) Indexed cost of acquisition
c) Indexed cost of improvement (xxx)
d) Exemption under Sections 54 to 54GB (xxx)
(xxx)
Long-term capital gain or loss xxx
2.7-5.Income from other sources
Any income, to be included in the total income, shall be chargeable to tax under the head
‘Income from other sources’, if it is not taxable under other four heads of income. However,
certain incomes are always taxable under the head ‘Income from Other Sources’. Thus,
income taxable under this head is an aggregate of certain incomes which are specifically taxed
under this head and other incomes which are not chargeable under any other head, hence,
chargeable under this head (for detailed discussion refer Chapter 4).
Income taxable under the head ‘income from other sources’ shall be broadly computed in the
following manner:
Nature of Income Amount

1. Dividend Income xxx
2. Winning from lotteries, etc. xxx
3. Employees’ contribution towards staff welfare scheme xxx
4. Interest on securities xxx
5. Rental income of machinery, plant, or furniture
xxx
6. Composite rental income from letting out of plant, machinery, furniture,
xxx
and building
7. Sum received under Keyman insurance policy
8. Deemed Income of a closely held company xxx
9. Interest on compensation or enhanced compensation xxx
10. Advance money received in the course of negotiations for the transfer of a xxx
capital asset xxx
11. Gifts
12. Compensation on termination of employment or modification of terms of xxx
employment xxx
13. Any money, immovable property or movable property received without
consideration or at a consideration less than the prescribed stamp duty
xxx
value/fair market value.
14. Any other income not taxable under any other head
xxx
Less: Attributable expenses (to the extent allowable)
(xxx)
Income from other sources xxx
2.8 KNOW THE DEDUCTIONS
In computing the total income, certain deductions are allowed from the gross total income.
These deductions are allowed to encourage saving habits in individuals and pursue
institutions to take part in social activities. These deductions are prescribed in Chapter-VIA of
the Income-tax Act. (Refer Annexure F for list of deductions available under Income-tax Act).
Deductions available to the assessee shall be deducted from his gross total income after
setting off the unabsorbed losses. Total income shall be computed as follows:
Computation of Total Income
Aggregate following incomes:
1. Income from salaries xxx
2. Income from house property xxx
3. Profits and gains from business and profession xxx
4. Capital Gains xxx
5. Income from other sources
xxx
Total of head-wise income xxx
Less: Set-off of current year and brought forward losses xxx
Gross total income xxx
Less: Deduction under chapter VI-A, i.e., Section 80C to 80U xxx
Total income xxx
2.9 KNOW ABOUT THE EXEMPTIONS

Any income which does not form part of ‘total income’ is called exempt income. Section 10
to 13B of the Income-tax Act provides exemptions for various types of incomes or income of
certain types of institutes. (Refer Annexure G for exemptions available under Income-tax Act).
2.10 KNOW THE REBATES
Section 87A of the Income-tax Act provides a tax rebate of up to Rs. 12,500 to a resident
individual whose total income during the previous year does not exceed Rs. 5,00,000.
However, the rebate under Section 87A is not available from tax payable as per section 112A
in respect of long-term capital gains arising from the transfer of equity shares, units of equity-
oriented mutual funds, certain ULIPs (see details in Chapter 7), or units of business trust which
are chargeable to STT and tax on the accumulated balance of a recognised provident fund as
referred under Section 111.
Normal tax liability

Tax on income at normal rates xxx
Tax on income at special rates xxx
Tax on total Income xxx
Less:
Rebate under section 87A (xxx)
Tax after rebate xxx
Add:
Surcharge xxx
Tax after surcharge xxx
Add:
Health and Education Cess xxx
Total Tax liability xxx
2.11 KNOW THE GROSS TOTAL INCOME
Section 80B(5) of the Income-tax Act provides that ‘Gross Total Income’ means the total
income computed in accordance with the provisions of the Income-tax Act before making any
deduction under chapter VI-A. The Gross Total Income of an assessee is computed in the
following steps:
Step 1: Calculate income under five heads of income
In the Income-tax Act, the income is computed in the following five heads of income:
a) Salary (refer para 2.7-1.)

b) House Property (refer para 2.7-2.)
c) Profits and gains from business or profession (refer para 2.7-3.)
d) Capital Gain (refer para 2.7-4.)
e) Income from Other Sources (refer para 2.7-5.)
Step 2: Club income of other persons
A taxpayer is generally taxed in respect of his own income. However, in respect of certain
income, the Income-tax Act deviates from this general provision and clubs income of other
persons in taxpayer’s income. Hence, an assessee has to add the income of another person
with his own income if clubbing provisions apply in his case (to know more about the clubbing
of income, see para 2.14).
Step 3: Set-off the losses of the current year or earlier years
If the assessee has incurred losses under any head of income then he is allowed to make the
following adjustments subject to relevant provisions relating to set-off and carry forward of
losses:
a) Intra-head adjustment, i.e., set-off of losses from one source of income against income
from another source taxable under the same head of income.
b) Inter-head adjustment, i.e., set-off of losses from one head of income against income
taxable under another head of income.
If losses cannot be set-off in the same year due to inadequacy of eligible income, then such
losses are carried forward to the next assessment year.
2.11-1. Overview
Computation of Gross Total Income (GTI)

Aggregate the following incomes (Including income to be clubbed in the hands
of the assessee):
a) Income from salaries xxx
b) Income from house property xxx
c) Profits and gains of business or profession xxx
d) Capital gains xxx
e) Income from other sources
xxx
Total of head-wise income xxx
Less: Set-off the current year and brought forward losses (xxx)
2.12 KNOW THE TOTAL INCOME
An assessee is allowed to claim various deductions from the ‘Gross Total Income’ on account
of investments and savings made by him. The balance income remaining after claiming the
deductions is called ‘Total Income’, which shall be the base for calculation of tax liability.
2.12-1. Overview
Computation of Total Income

Less: Deduction under Chapter VI-A, i.e., Section 80C to 80U (xxx)
Total income xxx
2.13 KNOW THE TAX PAYABLE

2.13-1. Corporate assessee
For the calculation of tax, the total income of a taxpayer is apportioned between normal
income and special income. Normal income of a taxpayer is charged to tax as per applicable
tax rates. Whereas, special income is charged to tax at special rates (Refer Annexure E for tax
rates). The assessee has an option to compute tax at the concessional tax rates prescribed
under Section 115BA, 115BAA, or 115BAB subject to fulfilment of certain conditions.
However, if the tax payable by a company is less than 15% of ‘book profit’, then it is liable to
pay Minimum Alternate Tax (MAT) at the rate of 15% of the book profit. The MAT rate shall
be 9% if the assessee is located in an International Financial Services Centre (IFSC) and derives
income solely in convertible foreign exchange
The tax so computed on total income is further increased by surcharge (if applicable) and
Health & Education Cess and reduced by the amount of MAT credit, foreign tax credit to arrive
at net tax liability. Thereafter, the taxes already paid by the taxpayer in the form of Advance
Tax, TDS, TCS, or Self-assessment tax shall be deducted from the aggregate tax liability to
compute the amount of tax payable by or refundable to the taxpayer.
Particulars Amount
MAT liability
Tax payable on book profit computed as per MAT provisions xxx
Add:
Surcharge xxx
MAT after surcharge xxx
Add:
Total tax liability as per MAT provisions (A) xxx
Tax on total income xxx
Add:
Surcharge xxx
Add:
Total tax liability as per normal provisions of the Income-tax Act (B) xxx
Gross tax liability [Higher of MAT liability (A) or Normal tax liability (B)] xxx
Less:
- MAT Credit [If Normal tax liability (B) is higher than MAT liability (A)] (xxx)
- Foreign tax credit under Section 90, 90A or 9111 (xxx)

Aggregate tax liability xxx
Less: Prepaid taxes
- TDS deducted (xxx)
- TCS collected (xxx)
11Where the amount available as a foreign tax credit against the tax payable as per the provisions of MAT exceeds the
amount of MAT Credit, which is available against the normal provision, then such excess shall be ignored while computing
the amount of credit available in respect of tax paid under the provisions of MAT.
- Advance tax paid (xxx)
- Self-assessment tax paid (xxx)
Particulars Amount
Net tax liability xxx
Add:
- Interest under Sections 234A, 234B, 234C xxx
- Fees for late filing of return under section 234F xxx
Total tax payable/refundable xxx
The provisions of MAT shall not be applicable to the following:

(a) The profits and gains arising to a company from the life insurance business and to a
shipping company, the income of which is subject to tonnage taxation
(b) To the following foreign companies:
 Foreign companies which are taxable under presumptive taxation schemes of
Section 44B, section 44BB, section 44BBA or section 44BBB.
 Foreign companies which do not have a Permanent Establishment (PE) in India
under the provisions of the relevant DTAA.
 Foreign companies, which are residents of those countries with which India does
not have a DTAA and which are not required to get registered in India under any law
relating to companies.
(c) To the companies opting for payment of taxes at the concessional rates prescribed
under section 115BAA or Section 115BAB.
2.13-2. Non-corporate assessee
Tax in respect of income of the non-corporate assessees shall be calculated as per the
applicable tax rates and special tax rates (Refer Annexure E for tax rates). Assessee being an
Individual, HUF, or a co-operative society has an option to compute tax at the concessional
tax rates prescribed under Section 115BAC or 115BAD, as the case may be, subject to
fulfilment of certain conditions.
However, if the tax payable by a non-corporate assessee on its total income (computed as per
normal provisions of the Act) is less than 18.5% (or 9%12 or 15%13) of ‘adjusted total income’
then it shall be liable to pay Alternate Minimum Tax (AMT) at the rate of 18.5% (or 9% or 15%)
of the adjusted total income.
12 The rate shall be 9% in case of a unit in an IFSC deriving income solely in convertible foreign exchange.
13 With effect from Assessment Year 2023-24, the rate shall be 15% in case of co-operative society.
The tax so computed on total income is further increased by surcharge (if applicable) and
Health & Education Cess and reduced by the amount of AMT credit, relief under section 89,
or foreign tax credit to arrive at net tax liability. The net tax payable by the assessee shall be
increased by the amount of interest and late filing fees (if any). Thereafter, the taxes already
paid by the taxpayer in the form of Advance Tax, TDS, TCS, or Self-assessment tax shall be
deducted from the aggregate tax liability to compute the amount of tax payable by or
refundable to the taxpayer.
Particulars Amount
AMT liability
Tax payable on adjusted total income computed as per AMT provisions xxx
Add:
Surcharge xxx
AMT after surcharge xxx
Add:
Total tax liability as per AMT provisions (A) xxx
Tax on Total Income xxx
Less:
Add:
Surcharge xxx
Add:
Total tax liability as per normal provisions of the Income-tax Act (B) xxx
Gross tax liability [Higher of AMT liability (A) or Normal tax liability (B)] xxx
Particulars Amount
Less:
- AMT Credit [If Normal tax liability (B) is higher than AMT liability (A)] (xxx)
Tax payable after AMT credit xxx
Less:
- Relief under Section 8914 (xxx)
Aggregate tax liability xxx
Less: Prepaid taxes
- Advance tax paid (xxx)
- Self-assessment tax (xxx)
Add:
- Interest under Sections 234A, 234B, 234C xxx
- Fees for late filing of return under section 234F xxx
Total tax payable/refundable xxx
The provisions of AMT shall not be applicable:
(a) To an individual, HUF, AOP, or BOI (whether incorporated or not) or an artificial juridical
person if the adjusted total income of such person does not exceed Rs. 20 lakhs;
(b) To the Individual or an HUF opting for payment of taxes at the concessional rates
prescribed under section 115BAC of the Act; and
(c) To the resident co-operative society opting for payment of taxes at the concessional
rates prescribed under section 115BAD of the Act.
(d) To a specified fund as defined under Section 10(4D).
2.14 CLUBBING OF INCOME
A taxpayer is generally taxed in respect of his own income. However, the Income-tax Act
deviates from this general provision in some cases and clubs income of other persons in
taxpayer’s income. The clubbing provisions have been enacted to counteract a generally
prevalent and growing tendency on the part of the taxpayers to dispose of their property or
14Allowed by the Finance Act (No. 2), 2019, with retrospective effect from Assessment year 2007-08.
15Where the amount available as a foreign tax credit against the tax payable as per the provisions of AMT exceeds the
amount of AMT Credit, which is available against the normal provision, then such excess shall be ignored while computing
the amount of credit available in respect of tax paid under the provisions of AMT.
income in favour of other persons in such a manner that their tax liability may either be
avoided or reduced.
The income will first be computed in the hands of the recipient under the relevant head after
allowing all exemptions and deductions permissible under that head of income. Then the
resultant income shall be clubbed in the hands of the transferor or beneficiary as per the
provisions of sections 60 to 64. If the net result of the computation of income in the hands of
the recipient is a loss, it shall be also be clubbed16. The income computed under the relevant
head in the hands of the recipient will be included in the total income of the transferor or
beneficiary under the same head of Income. Thus, the clubbed income shall be retained under
the same head in which it is earned.
The provisions relating to clubbing of income are contained in Sections 60 to 65 of the Income-
tax Act. These provisions are as follows:
a) Income from assets transferred to another person [Sections 60 to 63]

b) Income of another person to be included in the taxpayer’s income [Section 64]
2.14-1. Income from assets transferred to another person
2.14-1a. Transfer of Income without transferring the Asset [Section 60]
If any person transfers the income from any asset without transferring the asset, such income
is included in the total income of the transferor. In this situation, it is not material whether
the agreement to transfer the income is revocable or irrevocable, and whether it was made
before or after the commencement of this Act. Thus, even if an agreement to transfer the
income was entered into before April 1, 1962, the clubbing provisions shall apply in respect
of income earned in the current financial year.
For example, a security holder confers on his nephew the right to receive interest on
securities, held by him. Such interest is included in the total income of the transferor.
Section 60 has no application where assets, producing income, are transferred along with the
income.
For example, E holds 100, 10% redeemable debentures in Z Ltd. E assigns the right to receive
interest from 50 debentures in favour of his nephew ‘N’ and gifts 50 Debentures to his son
‘P’. Since E has transferred only the right to receive the income in favour of ‘N’ the income-
producing asset remains his property. Therefore, interest income in respect of 50 Debentures
shall be clubbed with the income of E as per provisions of Section 60. However, the interest
earned from the remaining 50 Debentures shall not be clubbed with the income of E as he
16 Circular No. 104, dated 19-02-1973

has transferred both—the asset as well as the income from the asset. Section 60 has no
application in this case. If son is a minor child, such income shall be clubbed with the income
of E as per provisions of Section 64.
2.14-1b. Revocable Transfer of Assets [Section 61]
All income arising to any person by virtue of a revocable transfer of assets is included in the
total income of the transferor. If the transfer is revocable, the entire income of the transferred
asset is included in the total income of the transferor, even if only part of the income of the
transferred asset had been applied for the benefit of the transferor.
Any transfer of asset shall be deemed as ‘Revocable’, if:
a) It contains a provision for retransfer, directly or indirectly, of whole or any part of income
or assets to the transferor; or
b) It gives the transferor a right to re-assume power, directly or indirectly, over whole or any
part of income or assets.
Section 62 of the Income-tax Act contains an exception to the general rule prescribed in
Section 61. If the transfer is not revocable during the lifetime of the beneficiary and the
transferor derives no direct or indirect benefit from such income, the income shall be taxable
in the hands of the beneficiary or transferee.
For example, Mr J settled certain properties on trust for the benefit of Mr C for his lifetime.
He appoints Mr B as the trustee. In this case, if Mr J derives no benefit, either direct or indirect,
from such transfer, either trustee (Mr B) or beneficiary (Mr C) shall be assessable on such
income. However, if Mr J derives any benefit from such transfer, whole income from the
settled properties is to be included in the total income of Mr J.
2.14-2. Income of another person to be included in taxpayer’s income [Section 64]
Income-tax Act contains provisions for clubbing of income of another person with the income
of the taxpayer. These situations arise when a minor child earns some income or when a
taxpayer transfers his asset to his spouse, son’s wife, etc.
The clubbing provisions have been introduced to stop taxpayers from diverting a part of their
income to relatives in order to reduce the tax burden. To prevent such tax avoidance, clubbing
provisions have been incorporated, subject to certain exceptions, in respect of the income of
the following persons:
(a) Income of Spouse;

(b) Income of Son’s Wife;
(c) Minor’s Income;
(d) Income of any person or Association of persons;
(e) Income from property gifted to HUF.
2.15 SET-OFF AND CARRY FORWARD OF LOSS UNDER THE HEADS - CAPITAL GAINS,
INCOME FROM OTHER SOURCES AND BUSINESS INCOME
2.15-1. Loss under the head Capital Gains
Capital losses can be of two types – Short-term Capital Loss and Long-term Capital Loss.
Though both the losses are computed under the same head of income, yet distinct provisions
have been prescribed for set-off of these losses. Both the losses are computed and disclosed
separately in the Income-tax Returns.
2.15-1a. Intra-head Adjustment
As a general rule, if there are several sources of income, falling under any head of income, the
loss from one source of income may be set-off against the income from another source, falling
under the same head of income.
However, long-term capital loss can be set-off only against long-term capital gains. It cannot
be set-off against short-term capital gains, though both of them fall under the same head
‘Capital Gains’. Whereas, short-term capital loss can be set-off against any capital gain,
whether short-term or long-term.
2.15-1b. Inter-head Adjustment
As a general rule, if after intra-head adjustment the net result under a head of income is a
loss, the same can be set-off against the income from other heads in the same previous year.
However, a capital loss, whether short-term or long-term, cannot be set-off against income
taxable under any other head.
2.15-1c. Carry forward of losses
If capital loss could not be set-off against the eligible capital gains because of the inadequacy
of income during the current year, it can be carried forward and set-off in the subsequent
year. The short-term and long-term capital loss, which could not be set-off during the year,
shall be carried forward separately. In subsequent years, the short-term capital loss can be
set-off against the short-term or long-term capital gain but the brought forward long-term
capital loss shall be set-off only against long-term capital gains.
The losses can be carried forward for 8 Assessment Years immediately following the year for
which the loss was first computed.
The losses can be carried forward only if the return of income is filed on or before the due
date. However, in case the tax return is filed after the due date, the assessee can apply to the
CBDT for condonation of delay in filing of return of income.
2.15-1d. Summary
Type of Loss How to Set-off the loss? Adjustment Against Time Limit
Long-term Capital Intra-head Adjustment Long-term Capital Gains Same Year
Loss of loss
Long-term Capital Inter-head Adjustment Not Allowed -
Loss of loss
Long-term Capital Carried Forward Losses Long-term Capital Gains
Within 8
Loss Years
Short-term Capital Intra-head Adjustment Any capital gains, Same Year
Loss of loss whether short term or
long term
Short-term Capital Inter-head Adjustment Not Allowed -
Loss of loss
Short-term Capital Carried Forward Losses Any capital gain, whether Within 8
Loss short term or long term Years
2.15-2. Loss under the head PGBP
Income-tax Act provides distinct provisions for set-off and carry forward of speculative loss
and non-speculative loss. Loss from speculative transactions can be set-off only against profit
from speculative transactions. Whereas, the normal business loss can be set-off against any
income other than salary and from gambling activities.
If the loss couldn’t be set-off in the current year due to inadequacy of profit under other heads
of income, the same shall be carried forward for set-off in the subsequent year. Speculative
loss and non-speculative loss can be carried forward for 4 years and 8 years respectively. In
subsequent years, the speculative loss can be set-off only against speculative profit. Whereas,
the normal business loss can be set-off against non-speculative as well as speculative income.
(To know more about set-off and carry forward of business loss, refer Chapter 8).
Type of Loss How to Set-off the Adjustment Against Time Limit

loss?
Non-speculative Intra-head Adjustment Any Business Income, Same Year
Business Loss of loss i.e., speculative or non-
speculative business
income
Non-speculative Inter-head Adjustment Any Income except Same Year
Business Loss of loss salary income and
winning from lottery or
gambling
Non-speculative Carried Forward Any Business Income, Within 8 Years
Business Loss Losses i.e., speculative or non-
speculative business
income
Speculative Intra-head Adjustment Speculative Business Same Year
Business Loss of loss Income
Speculative Inter-head Adjustment Speculative Business Same Year
Business Loss of loss Income
Speculative Carried Forward Speculative Business Within 4 Years
Business Loss Losses Income
2.15-3. Loss under the head other sources
The loss under the head other sources can be set-off against any income under any head.
However, if loss under the head other sources cannot be set-off in the current year due to
inadequacy of income under other heads then the same shall not be allowed to be carried
forward to subsequent years.
2.15-4. Restriction on set-off of losses
An assessee is not allowed to claim set-off of any loss against the following incomes:
(a) Undisclosed income found during search/survey [Section 79A];
(b) Income from gambling activities [Section 115BB];
(c) Unexplained income [Section 115BBE];
(d) Income from transfer of virtual digital asset [Section 115BBH]; and
(e) Specified income of trust or institutions [Section 115BBI].
2.16 DIFFERENCE BETWEEN INVESTING AND DEALING IN SHARES AND SECURITIES
Shares and other securities can be held either as capital assets or as stock-in-trade/trading
assets or both. Determination of the character of a particular investment in shares or other
securities, whether the same is in the nature of a capital asset or stock-in-trade, is essentially
a fact-specific determination and has led to a lot of uncertainty and litigation in the past.
Over the years, the courts have laid down different parameters to distinguish the shares held
as investments from the shares held as stock-in-trade. The CBDT has also, through Instruction
No. 1827, dated 31-08-1989 and Circular No. 4 of 2007 dated 15-06-2007, summarized the
principles for the guidance of the field formations.
Disputes, however, continue to exist on the application of these principles to the facts of an
individual case since the taxpayers find it difficult to prove the intention in acquiring such
shares/securities. In this background, while recognizing that no universal principle in absolute
terms can be laid down to decide the character of income from the sale of shares and
securities (i.e. whether the same is in the nature of capital gain or business income), the
CBDT17 realizing that significant part of shares/securities transactions takes place in respect
of the listed ones and with a view to reduce litigation and uncertainty in the matter, in partial
modification to the aforesaid Circulars, further instructs that the Assessing Officers in holding
whether the surplus generated from the sale of listed shares or other securities would be
treated as Capital Gain or Business Income, to take into account the following:
a) Where the assessee itself, irrespective of the period of holding of the listed shares and
securities, opts to treat them as stock-in-trade, the income arising from the transfer of
such shares/securities would be treated as its business income.
b) In respect of listed shares and securities held for more than 12 months immediately
preceding the date of its transfer, if the assessee desires to treat the income arising from
the transfer thereof as Capital Gain, the same shall not be put to dispute by the Assessing
Officer. However, this stand, once taken by the assessee in a particular Assessment Year,
shall remain applicable in subsequent Assessment Years also and the taxpayers shall not
be allowed to adopt a different/contrary stand in this regard in the subsequent years.
c) In all other cases, the nature of a transaction (i.e., whether the same is in the nature of
capital gain or business income) shall continue to be decided keeping in view the aforesaid
Circulars issued by the CBDT.
However, the above principles are not applicable in respect of such transactions in
shares/securities where the genuineness of the transactions itself is questionable, such as
bogus claims of long-term capital gain/short-term capital loss or any other sham transactions.
The CBDT has formulated the above principles with the sole objective of reducing litigation
and maintaining consistency in approach on the issue of treatment of income derived from
the transfer of shares and securities. All the relevant provisions of the Act shall continue to
apply to the transactions involving the transfer of shares and securities.
Further, the CBDT vide Letter F.No.225/12/2016/ ITA.II, dated 02-05-2016 has clarified that
the income arising from the transfer of unlisted shares would be considered under the head
17 Circular No.6/2016, dated 29-2-2016

‘capital gains’, irrespective of the period of holding, to avoid disputes/litigation and to
maintain a uniform approach. However, this treatment would not be applicable in respect of
the following situations where:
a) The genuineness of transactions in unlisted shares itself is questionable;

b) The transfer of unlisted shares is related to an issue pertaining to the lifting of the
corporate veil; or
c) The transfer of unlisted shares is made along with the control and management of the
underlying business and the Assessing Officer would take an appropriate view in such
situations.
2.16-1. Overview
Security Held as Period of Chargeability Relevant Circular/Instruction

holding under the head
Listed Stock-in- Any Business income Circular No.6/2016, dated 29-
shares and trade 2-2016
securities
Listed Investment More Capital gain Circular No.6/2016, dated 29-
shares and than 12 2-2016
securities months
Listed Investment 12 Business income Instruction No. 1827, dated
shares and months or capital gain, as 31-08-1989, and Circular No. 4
securities or less the case may be. of 2007 dated 15-06-2007
Unlisted Stock-in- Any Business income Letter F.No.225/12/2016/
shares trade ITA.II, dated 02-05-2016
Unlisted Investment Any Capital Gain Letter F.No.225/12/2016/
shares ITA.II, dated 02-05-2016
Other Though the Instruction dated 02-05-2016 covers only unlisted shares, unlike
Unlisted Circular No. 6 of 2016 which covers listed shares as well as securities. But,
securities to bring parity, the instruction should also be extended to other unlisted
securities such as debentures and bonds.
2.17 ALTERNATE MINIMUM TAX (AMT) AND MINIMUM ALTERNATE TAX (MAT)
2.17-1. Minimum Alternate Tax (MAT)
2.17-1a. Introduction
Minimum Alternate Tax (MAT) is payable by companies whose tax on total income is less than
15% of ‘book profit’. ‘Book profit’ is computed by making specified additions and deletions to
the profits determined as per the statement of profit and loss of the company. MAT is payable
even if the total income of the company is nil or it has tax losses. The excess tax liability arising
due to MAT can be claimed as a credit in subsequent years.
2.17-1b. Who is liable to pay MAT?
The provisions of MAT are applicable to all companies, whether foreign co. or domestic co.
These include insurance companies, banking companies, companies in the business of
generation or supply of electricity, or companies governed by the specific law, i.e., NBFC.
However, there are a few exceptions.
a) Exception 1: Insurance & Shipping Cos.
The provisions of MAT shall not be applicable to the profits and gains arising to a company
from the life insurance business and to a shipping company, income of which is subject to
tonnage taxation.
b) Exception 2: Certain Foreign Companies
The provisions of MAT shall not be applicable to the following foreign companies:
 Foreign companies which are taxable under presumptive taxation schemes of Section 44B,
section 44BB, section 44BBA or section 44BBB.
 Foreign companies which do not have a Permanent Establishment (PE) in India under the
provisions of the relevant DTAA.
 Foreign companies, which are residents of those countries with which India does not have
a DTAA and which are not required to get registered in India under any law relating to
companies.
c) Exception 3: Companies opting for Section 115BAA or Section 115BAB
The provisions of MAT shall not be applicable to the companies opting for payment of taxes
at the concessional rates prescribed under section 115BAA or Section 115BAB.
2.17-1c. When is MAT payable?
MAT is payable by a company if the tax payable by it on income computed as per normal
provisions of the Income-tax Act is less than 15% of book profits. In such a case the book
profit18 is taken as the income of the company and tax is levied on the same at the rate of
15%.
18 The book profit shall be computed in accordance with Explanation 1 and Explanation 2 to Section 115JB.
2.17-1d. MAT credit
MAT is payable by the companies whose tax on total income is less than 15% of ‘book profit’.
If the tax payable as per provisions of MAT exceeds the tax calculated as per the normal
provision, the excess amount of the tax paid is considered as MAT Credit. Such credit can be
carried forward for 15 years to set-off against tax payable as per normal provision in future
years.
However, the amount of MAT credit cannot be carried forward to the extent such credit
relates to the difference between the following:
a) Amount of foreign tax credit allowed against MAT; and

b) Amount of foreign tax credit allowable against tax computed under regular provisions of
Act.
Further, the companies which have opted for payment of the taxes at the concessional rates
prescribed under Section 115BAA shall not be allowed to carry forward the MAT credit lying
unutilized, consequent to exercise of such option.
2.17-2. Alternate Minimum Tax (AMT)
2.17-2a. Introduction
Alternate Minimum Tax (AMT) is payable by an assessee, other than a company, whose tax
on total income is less than 18.5% (or 9% or 15%) of ‘Adjusted Total Income19’. ‘Adjusted Total
Income’ is computed by adding back the specified deductions prescribed under section 115JC.
AMT is payable even if the total income of the assessee is nil or it has tax losses. The excess
tax liability arising due to AMT can be claimed as a credit in subsequent years.
2.17-2b. Who is liable to pay AMT?
The provisions relating to AMT shall apply in case of every person (other than a company)
who has claimed any of the following deductions:
a) Deduction under heading ‘C.—Deductions in respect of certain incomes’ of Chapter VI-A

(not being the deduction claimed under Section 80P);
b) Deduction under Section 10AA in respect of the newly established units in Special
Economic Zone;
c) Deduction under Section 35AD in respect of expenditure on specified business.
19 Adjusted Total Income shall be computed in accordance with Section 115JC(2).

However, there are few exceptions:
a) Exception 1: Adjusted total income does not exceed Rs. 20 Lakh
An individual, HUF, AOP, or BOI (whether incorporated or not), or an artificial juridical person
is not liable to pay AMT if the adjusted total income of such person does not exceed Rs. 20
lakhs.
b) Exception 2: Individual or HUF opting for Section 115BAC
The provisions of AMT shall not be applicable to the Individual or HUF opting for payment of
taxes at the concessional rates prescribed under section 115BAC.
c) Exception 3: Resident co-operative society opting for Section 115BAD
The provisions of AMT shall not be applicable to the resident co-operative society opting for
payment of taxes at the concessional rates prescribed under Section 115BAD.
(d) Exception 4: Specified fund as defined under Section 10(4D)
The provisions of AMT shall not be applicable to a specified fund as defined under
Section 10(4D) (see Para 11.6-5).
2.17-2c. When is AMT payable?
AMT is payable by an assessee if the tax payable by it on income computed as per normal
provisions of the Income-tax Act is less than 18.5%(or 9%20 or 15%21) of adjusted total income.
In such a case the adjusted total income is taken as the income of the assessee and tax is
levied on the same at the rate of 18.5%(or 9% or 15%).
2.17-2d. AMT credit
AMT is payable by the non-corporate assessees whose tax on total income is less than 18.5%
(or 9% or 15%) of ‘Adjusted Total Income’. If the tax payable as per provisions of AMT exceeds
the tax calculated as per the normal provision, the excess amount of the tax paid is considered
as AMT Credit. Such Credit can be carried forward for 15 years to set-off against tax payable
as per normal provision in future years.
However, the amount of AMT credit cannot be carried forward to the extent such credit
relates to the difference between the following:
20 The rate shall be 9% in case of a unit in an IFSC deriving income solely in convertible foreign exchange.
21 With effect from Assessment Year 2023-24, the rate shall be 15% in case of co-operative society.
a) Amount of foreign tax credit allowed against AMT; and
b) Amount of foreign tax credit allowable against tax computed under regular provisions of
Act.
Further, an Individual or HUF opting for Section 115BAC and a resident co-operative society
opting for Section 115BAD shall not be allowed to carry forward the AMT credit lying
unutilized, consequent to exercise of such option.
2.18 DOUBLE TAX AVOIDANCE AGREEMENT (DTAA) (CONCEPT OF MULTILATERAL

INSTRUMENTS AND PERMANENT ESTABLISHMENT)
The mechanism for levy of tax on the income of a person differs from country to country.
Generally, countries follow the principle of residence-based taxation or source-based taxation
for levy of income tax. The principle of ‘Residence Based Taxation’ gives primary taxing rights
to the country of residence of the assessee whereby the worldwide income of an assessee is
taxed in the country in which he is a resident. The ‘Source-Based Taxation’ rule confers the
right to tax a particular income to the country where the source of the said income is located.
To elaborate, the source State seeks to tax the income within its territory even when such
income belongs to a person who is not the resident of such State. India follows the dual
approach whereby, on one hand, a person resident in India is liable to pay tax in India on his
total global income. On the other hand, a person, who is non-resident in India during the year,
is liable to pay tax only on his Indian income.
Because of these taxation principles, it might be possible that the same income of a person is
charged to tax in two different countries, that is, residence country as well as source country
which gives rise to double taxation of income.
For example, Mr A, a resident of India, has a house property in the USA which is being let-out
for Rs. 1,00,000 per month. Mr A does not have any other income in India as well as in the
USA.
In this case, as Mr A is a resident of India, he shall be liable to pay tax in India on his worldwide
income. Thus, rental income shall be charged to tax in India even though the source of
income, i.e., the property is located in the USA. Similarly, the USS may also impose a tax on
such income if it applies the concept of source-based taxation. Thus, the same income may
be taxed in both countries resulting in double taxation of income.
To avoid double taxation of income, countries enter into Double Taxation Avoidance
Agreement (DTAA).
2.18-1. What is DTAA?
DTAA is an agreement entered into between two or more countries to avoid double taxation
of income. With DTAA, countries can avoid double taxation by allocating the taxing rights or
by giving credit for taxes paid in the source state by the residence state.
2.18-2. Types of DTAA
DTAAs are usually of the following types:
a) Bilateral: DTAAs which are entered into between two countries are called “Bilateral DTAA
or Treaty”. For example, DTAA between India and the USA.
b) Multilateral: Where DTAAs are entered into between more than two countries or groups
of countries. Such DTAAs are called “Multilateral DTAA or Treaty”. For example, DTAA
among the Governments of SAARC member states, i.e., Bangladesh, Bhutan, India,
Maldives, Nepal, Pakistan, and Sri Lanka.
2.18-3. Permanent Establishment
One of the essential terms that transpire in all the DTAAs is ‘Permanent Establishment (PE)’.
For taxability of business profits of a foreign enterprise in India, it must have a PE in India.
Once it is established that a foreign enterprise has a PE in India then the source country is
allowed to tax such foreign enterprise in respect of the amount of profit attributable to PE in
India.
In DTAAs, PE is defined to mean a fixed place of business through which the business of the
enterprise is wholly or partly carried on and it is broadly classified into the following
categories:
a) Fixed Place PE
This refers to the place which is used by an enterprise for carrying out its business. The term
"place of business" covers any premises, facilities, or installations used for carrying on the
business of the enterprise whether or not they are used exclusively for that purpose. A place
of business may also exist where no premises are available or required for carrying on the
business of the enterprise and it simply has a certain amount of space at its disposal. It is
immaterial whether the premises, facilities or installations are owned or rented by the
enterprise. Thus, the place of business must be at the disposal of the enterprise to constitute
as Fixed Place PE. It may include "a place of management", "a branch", "an office", etc.
b) Construction PE
Construction PE arises when a building site or construction or installation project of an
enterprise in the host country lasts for a specified period. The term "building site or
construction or installation project" includes not only the construction of buildings but also
the construction of roads, bridges or canals, the renovation (involving more than mere
maintenance or redecoration) of buildings, roads, bridges or canals, the laying of pipelines
and excavating and dredging. Additionally, the term "installation project" is not restricted to
an installation related to a construction project; it also includes the installation of new
equipment, such as a complex machine, in an existing building or outdoors.
c) Service PE
Service PE arises when an employee of a multinational enterprise renders services in the host
country beyond a specified period and where such deputed employee continues to be on the
payroll of the home country.
d) Agency PE
Agency PE arises when the agent is empowered to enter into or conclude the contracts and
carry out jobs exclusively for its principal. The activities of a dependent agent may give rise to
a PE for the principal. The dependency and obligation of the principal for all the acts of an
agent shall determine the existence of an Agency PE based on the following facts:
 the agent has or habitually exercises an authority to conclude contracts on behalf of the
principal; or
 the agent habitually secures orders in the host country, wholly or principally for the
enterprise itself or for its associated enterprises.
Just because a company is a subsidiary in the host country of the holding company by reason
of ownership, there will be no agency relationship. Any person who does activities
independently shall not be considered as an agent of a principal. Hence, an independent
contractor shall not form an agency PE.
2.19 GENERAL ANTI-AVOIDANCE RULES (GAAR)

2.19-1. What is GAAR?
GAAR is an anti-tax avoidance regulation codified in the Income-tax Act to counter aggressive
tax planning arrangements which have an impact on eroding India's tax base. These provisions
empower the Indian revenue authorities to declare an arrangement as an "impermissible
avoidance arrangement” if the main purpose of the agreement is to obtain a 'tax benefit', and
the arrangement lacks or is deemed to lack commercial substance.
2.19-2. What is Impermissible Avoidance Arrangement?
An impermissible avoidance arrangement means an arrangement, the main purpose of which

is to obtain a tax benefit, and it:
a) creates rights or obligations, which are not ordinarily created between persons dealing at
arm's length;
b) results in the misuse or abuse of provisions of Income-tax Act;
c) lacks commercial substance or deemed to lack commercial substance;
d) is entered into or carried out by means or in a manner which is not ordinarily employed
for bona fide purposes.
2.19-3. Arrangements lacking commercial substance
An arrangement shall be deemed to lack commercial substance, if:
a) the substance or effect of the arrangement as a whole is inconsistent with, or differs

significantly from, the form of its individual steps or a part; or
b) it involves or includes:
 round trip financing;
 an accommodating party;
 elements that have an effect of offsetting or cancelling each other; or
 a transaction which is conducted through one or more persons and disguises the value,
location, source, ownership, or control of funds which is the subject matter of such
transaction; or
c) it involves the location of an asset or a transaction or of the place of residence of any party
which is without any substantial commercial purpose other than obtaining a tax benefit for
a party; or
d) it does not have a significant effect upon the business risks or net cash flows of any party
to the arrangement apart from any effect attributable to the tax benefit that would be
obtained.
2.19-4. What is round trip financing?
Round trip financing includes any arrangement in which, through a series of transactions:
a) funds are transferred among the parties to the arrangement; and

b) such transactions do not have any substantial commercial purpose other than obtaining
the tax benefit without having any regard to:
 whether or not the funds involved in the round-trip financing can be traced to any funds
transferred to, or received by, any party in connection with the arrangement;
 the time, or sequence, in which the funds involved in the round-trip financing are
transferred or received; or
 the means by, or manner in, or mode through, which funds involved in the round-trip
financing are transferred or received.
2.19-5. Consequences of GAAR
If an arrangement is declared to be an impermissible avoidance arrangement, then the

consequences in relation to tax or benefit under a tax treaty can be determined by the
assessing officer in such a manner as is deemed appropriate in the circumstances of the case.
The consequences can be as follows:
a) disregarding or combining or re-characterising any step of the arrangement;

b) treating the impermissible avoidance arrangement as if it had not been entered into;
c) disregarding any accommodating party or treating any accommodating party and any
other party as one and the same person;
d) reallocating expenses and income between the parties to the arrangement;
e) relocating place of residence of a party, or location of a transaction or situs of an asset to
place other than provided in the agreement;
f) considering or looking through any arrangement by disregarding any corporate structure;
g) re-characterising equity into debt or vice versa, capital receipt as revenue receipt or vice
versa, and, any expenditure, deduction, or relief or rebate.
2.19-6. Non-applicability of GAAR provisions
The provisions relating to GAAR shall not apply to:
a) An arrangement where the tax benefit in the relevant assessment year arising, in
aggregate, to all the parties to the arrangement does not exceed Rs. 3 crores;
b) A foreign institutional investor who has not taken benefit of the tax treaty and has
invested in listed securities, or unlisted securities in accordance with SEBI guidelines;
c) A non-resident person who has made an investment by way of offshore derivative
instruments or otherwise in a Foreign Institutional Investor; and
d) Any income accruing or arising to, or deemed to accrue or arise to, or received or deemed
to be received from the transfer of investments made before 01-04-2017.
2.20 KNOW ABOUT EEE, EET and ETE
EEE, EET and ETE are three basic terms which are commonly used in reference to tax-saving
investments. Where ‘E’ denotes Exempt and ‘T’ denotes Taxable. Investment is generally
made with an intention to grow the capital involving 3 stages:
Stage 1: When a person invests in any security.
Stage 2: When such investment yields interest or returns.
Stage 3: When a person transfers the security or withdraws the amount of principal plus
interest.
So, if an investment provides tax benefit at all three stages, it will fall under the category of
‘EEE’ and here the exemption at the time of investment means such investments are eligible
for deduction. The second exempt means that the return/interest on investment shall be
exempt from tax. The third exempt means that no tax shall be levied at the time of transfer
or at the time of withdrawal of principal or interest.
Similarly, if an investment provides tax benefit at the time of deposit and withdrawal but
return on such investment is chargeable to tax then it will fall under the category of “ETE”.
Whereas, if an investment is chargeable to tax only at the time of transfer or withdrawal then
it will fall under the category of “EET”.
2.21 KNOW THE MAXIMUM MARGINAL RATE OF TAX (MMR)
Section 2(29C) of the Income-tax Act defines ‘maximum marginal rate’ as the rate of Income-
tax (including surcharge and health & education cess) applicable in relation to the highest slab
of income in the case of an individual, Association of Person or Body of Individual, as the case
may be, as specified in the Finance Act of the relevant year. Thus, the Maximum Marginal
Rate (MMR) shall be as under:
Particulars Rate (in %)

Highest slab rate applicable in case of Individual 30
Add: Surcharge [(B) = (A) * 37%] 11.1
Add: Health & Education cess [(C) = {(A)+(B)} * 4%] 1.644
Maximum Marginal Rate (MMR) 42.744
2.22 EFFECTIVE RATE OF TAX
The term ‘effective tax rate’ is not defined under the Income-tax Act. In general, effective tax
rate means a rate inclusive of surcharge and health and education cess which is leviable on
the income of an assessee. The effective tax rate can be computed with the help of the
following formulae:
Effective tax rate = Applicable tax rate × (1 + Rate of Surcharge) × (1 + Rate of health and
education Cess)
Example: Effective tax rate in case of a partnership firm having income in excess of Rs. 1 crore
would be 34.944% [30% x (1 + 12%) x (1 + 4%)]
In case of an individual, who is liable to pay tax as per slabs, the effective tax rate shall be
total income-tax as a percentage of total taxable income.
Example: Effective tax rate in case of an individual having an income of Rs. 20 lakhs would be
21.45% [Rs. 4,29,000/Rs. 20,00,000]
2.23 KNOW ABOUT TAX ALPHA

Tax Alpha is a concept that adds value to a person’s portfolio by implementing sound tax
strategies. “Tax alpha" makes sure that taxes do not unnecessarily eat away the wealth of a
person. The basic objective of Tax alpha is to maximize after-tax returns.
Review Questions:
1. According to the Income-tax act, 1961 ‘assessment Year’ ________.
(a) Starts from April 1 every year & ends on March 31 next year
(b) Starts from January 1 and ends on December 31
(c) Starts from June 1 every year & ends on May 31 next year
(d) Starts from Sept. 1 every year & ends on Aug. 31 next year
2. Which one of these is a person as per Income-tax Act, 1961?
(a) Hindu undivided family (HUF)
(b) Company
(c) Local authority
(d) All of these
3. In case of a Non-resident which of these is NOT taxable?
(a) Income received or is deemed to be received in India
(b) Income accrues or arises or is deemed to accrue or arise in India
(c) Income accrues or arises outside India if it is derived from a business

controlled in India or from a profession set up in India
(d) None of these
4. According to the Income-tax act, 1961 Salary includes which of the following?
(a) Wages
(b) Annuity
(c) Pension
(d) All of these

CHAPTER 3: CAPITAL GAINS
 Capital Assets
 Transfer of capital asset
 Transactions not regarded as transfer
 Tax aspects regarding Gifts and Inheritances (Cost of acquisition)
 Computation of Capital Gains
Any income arising from transfer of a capital asset is chargeable to tax under the head
‘Capital Gains’. A capital asset is defined under Section 2(14) of the Income-tax Act. It
includes every property held by the assessee, whether movable or immovable. It is bifurcated
into short-term capital asset and long-term capital asset on the basis of the period of holding.
This distinction is made because the incidence of tax is higher on short-term capital gains as
compared to long-term capital gains.
3.1 WHAT ARE CAPITAL ASSETS?

3.1-1. Meaning of Capital Asset
As per Section 2(14) of the Income-tax Act, capital asset means:
a) Property of any kind, held by an assessee, whether or not connected with his
business or profession;
b) Any securities held by a Foreign Institutional Investor (FII)22 which has invested in
such securities in accordance with the SEBI Regulations.
c) Any Unit Linked Insurance Policy (‘ULIP’) to which exemption under section 10(10D)
does not apply on account of applicability of fourth and fifth proviso thereof23
(hereinafter referred to as ‘high premium ULIP’).
3.1-2. Specific inclusions
All kind of properties, whether movable, immovable, tangible or intangible including

rights of management or control of an Indian company is a capital asset. Thus, a capital
asset includes business undertaking, partner’s share in a firm, a route permit, a
leasehold right, right to get conveyance executed, right to subscribe shares of a
22 The concept of Foreign Institutional Investor (FII) has been substituted by Foreign Portfolio Investor (FPI) by SEBI (Foreign
Portfolio Investors) Regulations, 2014 which has also been substituted by the SEBI (Foreign Portfolio Investors) Regulations,
2019.
23 Inserted by the Finance Act 2021 with effect from Assessment year 2021-22
company, goodwill, license to manufacture, gold, Jewellery, securities, etc.
3.1-3. Exclusions
The following assets have been excluded from the definition of capital assets.
3.1-3a. Stock-in-trade
Any stock-in-trade, consumable stores or raw material held for the purpose of business
or profession have been excluded from the purview of capital asset. Any surplus arising
from the sale of stock-in-trade or raw material or consumables is chargeable to tax as
business income under the head ‘Profits and Gains from Business or Profession’.
However, stock-in-trade does not include the securities held by FPI.
3.1-3b. Personal Effects
Movable property held for personal use of the assessee or any member of his family,
dependent on him, is not treated as a capital asset. For example, wearing apparel,
furniture, car, scooter, TV, refrigerator, musical instruments, gun, revolver, generator,
etc., are personal effects, thus, they are not treated as capital assets.
An article is considered as personal effects if it is intended for personal or household use

by the assessee and not merely because these articles are capable of being put to
personal or household use. All personal effects need not be used daily. So long as they
are meant for personal use, they are considered as personal effects.
However, the following assets, even if they are meant for personal use, shall not be
considered as personal effects and any gain arising from their sale shall be charged to
tax:
a) Jewellery (including ornaments made of gold, silver, platinum or any other precious
metal or any alloy containing one or more of such precious metals whether or not
worked or sewn into any wearing apparel);
b) Precious or semi-precious stones, whether or not set in any furniture, utensil or
other article or worked or sewn into any wearing apparel;
c) Archaeological collections;
d) Drawings;
e) Paintings;
f) Sculptures;
g) Any work of art.
3.1-3c. Agricultural land in India

Any agricultural land situated in any rural area in India is not a capital asset. Thus, the
following agricultural lands shall be considered as capital assets:
a) Agricultural land situated in an urban area in India or within the prescribed limits
from municipalities;
b) Agricultural land situated in any foreign country.
3.1-3d. Bonds
Following Bonds have been excluded from the purview of capital asset:
a) 6.5% Gold Bonds, 1977

b) 7% Gold Bonds, 1980
c) National Defense Gold Bonds, 1980
d) Special Bearer Bonds, 1991
e) Gold Deposit Bonds issued under Gold Deposit Scheme, 1999.
f) Deposit certificates issued under the Gold Monetization Scheme, 2015
3.2 TYPES OF CAPITAL ASSET
To compute capital gain, capital assets are classified into short-term capital assets or
long-term capital assets. This distinction is important as the incidence of tax is higher on
short-term capital gains as compared to the long-term capital gains. The distinction
between a long-term and short-term capital asset is based on the period for which an
asset is held by the owner before transfer.
3.2-1. Short-term Capital Asset
In general, a capital asset is deemed as ‘short-term’ if it is held by an assessee for a period

of not more than 36 months, immediately preceding the date of its transfer. The general
rule has a few exceptions wherein an asset, held for not more than 12 months or 24
months, are treated as short-term capital asset. These exceptions are explained below.
3.2-1a. Exception 1: 24 months period
Following capital assets are treated as short-term capital asset if they are held for not
more than 24 months immediately preceding the date of transfer:
a) Unlisted shares of a company (equity shares or preferences shares);

b) An immovable property, being land or building or both.
3.2-1b. Exception 2: 12 months period

Following capital assets are treated as short-term capital asset if they are held for not
more than 12 months immediately preceding the date of transfer:
a) Listed Shares of a company (i.e., equity shares or preference shares);

b) Listed securities other than a unit (i.e., Debentures, Bonds, Derivatives,
Government securities etc.);
c) Units of UTI (Listed or Unlisted);
d) Units of Equity Oriented Fund (Listed or Unlisted);
e) Zero-Coupon Bonds (Listed or Unlisted);
f) High Premium Equity Oriented ULIP 24.
3.2-1c. Exception 3: No criteria of period of holding
Irrespective of the period of holding, a depreciable asset is always treated as a short-

term capital asset. The calculation of capital gains in case of depreciable asset shall be
done in accordance with the provisions of Section 50 of the Income-tax Act.
3.2-2. Long Term Capital Asset
In general, a capital asset is considered as ‘long-term’ if it is held by an assessee for a

period of more than 36 months, immediately preceding the date of its transfer. The
general rule has a few exceptions wherein an asset, held for not more than 36 months
but more than 12 or 24 months, are treated as long-term capital asset. These exceptions
are explained below.
3.2-2a. Exception 1: 24 months period
Following capital assets are treated as long-term capital asset if they are held for more
than 24 months immediately preceding the date of transfer:
a) Unlisted Shares of a company (equity shares or preferences shares);

b) An immovable property, being land or building or both.
3.2-2b. Exception 2: 12 months period
Following capital assets are treated as long-term capital asset if they are held for more
than 12 months immediately preceding the date of transfer:
a) Listed Shares of a company (i.e., equity shares or preference shares);

b) Listed securities other than a unit (i.e., Debentures, Bonds, Derivatives,
Government securities etc.);
24ULIP to which exemption under section 10(10D) does not apply on account of applicability of fourth and fifth proviso
thereof.
c) Units of UTI (Listed or Unlisted);
d) Units of Equity Oriented Fund (Listed or Unlisted);
e) Zero-Coupon Bonds (Listed or Unlisted);
f) High premium Equity Oriented ULIP.
3.2-3. Overview
Holding should be more than the following period

Nature of Security to be treated as a long-term capital asset
Listed Securities Unlisted Securities
Equity Shares 12 months 24 months
Units of Equity Oriented Funds 12 months 12 months
Units of UTI 12 months 12 months
Units of Business Trust 36 months 36 months
Other Units 36 months 36 months
Preference Shares 12 months 24 months
Debentures 12 months 36 months
Government Securities 12 months 36 months
Zero-coupon bonds 12 months 12 months
Other Bonds 12 months 36 months
Immovable property (Land and building 24 months
both)
High Premium Equity Oriented ULIP25 12 months
Any other asset 36 months
3.3 HOW TO CALCULATE THE PERIOD OF HOLDING?
The period of holding of a capital asset is calculated from the date of its purchase or
acquisition till the date of its transfer. However, in certain cases, the period of holding
of a capital asset is determined in accordance with special provisions which are
enumerated in the following table:
Type of Security Period of holding For taxability,

Refer
Listed Shares sold Date of broker’s note to be considered as date Para 6.2-4a
through a broker of purchase and sale provided it is followed by
delivery of shares and transfer of deed.
Listed shares Period of holding to be counted from date of Para 6.2-4a
transferred directly purchase to date of contract of sale as declared
between parties (not by the parties provided it is followed by actual
delivery of shares and transfer deed.
thereof.
through stock
exchange)
Securities held in Demat Period of holding is determined as per First-in- Para 6.2-4b
form First-out (FIFO) method, i.e., the securities that
first entered into the Demat account is
deemed to be the first sold out.
Bonus shares Period of holding is reckoned from the date of Para 12.1-2a
allotment of bonus shares.
Sweat Equity shares or Period of holding is reckoned from the date of Para 7.1-4b
ESOPs allotment of Sweat equity shares or shares
issued on exercise of ESOPs.
Conversion of The period for which the preference shares Para 12.9
preference shares into were held by the assessee is also included in
equity shares the period of holding equity shares.
Conversion of bonds/ The period of holding of the original asset Para 5.4
debentures/ shall also be taken into consideration while
debenture-stock determining the period of holding of
/deposit certificates converted assets.
into shares or
debentures of that
company
Right Shares Period of holding is counted from the date of Para 12.5
allotment of right shares.
Renouncement of right Period of holding is reckoned from the date of Para 12.5
to subscribe to shares offer made by the company to the date of
or any other security of renouncement.
a company
Shares of a company in Period subsequent to the date on which the Para 12.4
liquidation company goes into liquidation is excluded
while computing the period of holding
Shares of an Period of holding of the original shares, held in Para 12.6
amalgamated company the amalgamating company, is also included
in computing the period of holding of the
shares in the amalgamated company.
Shares of a resulting Period of holding is counted from the date of Para 12.6
company in case of holding of the shares in the demerged
demerger company and not from the date of allotment
of the shares in the resulting company.
Acquisition by Period of holding of the last previous owner -
operation of law in the who acquired the asset by way of purchase
circumstances
specified in Section is also included to determine the period of
49(1) [See Note 1] holding by the assessee.
Conversion of stock into Period of holding shall be reckoned from the Para 12.10
capital asset date of conversion.
Trading or clearing The period for which a person was a member -
rights or equity shares of the recognised stock exchange,
acquired on immediately prior to such demutualization
demutualization or or corporatization, is also included to
corporatization of determine the period of holding.
recognised stock
exchange in India
Units of business trust The period for which the shares of SPV were Para 7.4 and
allotted on account of held is also included in counting the period of 7.5
transfer of shares of holding of the units of business trust.
special purpose vehicle
(SPV).
Consolidation scheme The period for which units were held under Para 12.8
of mutual fund consolidating scheme shall also be included.
Consolidation plan of The period for which units were held under Para 12.11
mutual fund consolidating plan shall also be included.
Segregation of portfolio The period for which original units were held in Para 12.10
of mutual fund the main portfolio shall also be included.
Shares of a company Period of holding of shares shall be counted Para 6.5-1e
acquired by a non- from the date on which a request for
resident on redemption of GDRs was made.
redemption of Global
Depository Receipts
(GDRs)
Note 1:
Circumstances specified in section 49(1) are as follows:
(a) Distribution of assets on total or partial partition of an HUF;

(b) Under a gift or will;
(c) By way of succession, inheritance or devolution;
(d) Distribution of assets on dissolution of a firm or BOI or AOP before April 1, 1987;
(e) Distribution of assets on liquidation of a company;
(f) Transfer to a revocable or irrevocable trust;
(g) Acquisition by Indian parent company from its wholly-owned subsidiary company;
(h) Acquisition by wholly-owned Indian subsidiary company from its parent company;
(i) Transfer of capital asset in a scheme of amalgamation, demerger or business
reorganization if such transfer is in accordance with the prescribed conditions;
(j) Transfer of capital asset on conversion of firm or sole proprietorship into a company if
such transfer is in accordance with the prescribed conditions;
(k) Any transfer of capital asset on demutualisation or corporatization of recognized stock
exchange in India;
(l) Any transfer of capital asset by a company on its conversion into LLP, if such transfer is in
accordance with the prescribed conditions;
3.4 TRANSFER OF CAPITAL ASSET
In general sense, the expression ‘transfer’ of property connotes the passing of a property or
rights in a property from one person to another. The meaning of transfer has been defined
under Section 2(47) of the Income-tax Act. It includes various means by which the property
may be passed from one person to another which would get covered under the definition of
‘transfer’. Following are some of the examples of transfer of asset:
3.4-1. Sale of asset
The word ‘sale’ construes a transaction voluntarily entered into between two persons,
commonly known as the buyer and seller, by which the buyer acquires property of the seller
for an agreed consideration, commonly known as ‘price’.
3.4-2. Exchange of asset
Under Section 118 of the Transfer of Property Act, 1882, ‘exchange’ is defined to mean when
two persons mutually transfer the ownership of one thing for the ownership of another thing,
neither thing nor both things being money only.
Receipt of shares of a company in exchange of shares of another company at the time of

business reconstruction which are not otherwise excluded from the definition of transfer will
be covered in the definition of exchange of asset.
3.4-3. Relinquishment of asset
The word ‘relinquishment’ has not been defined in the Act. A relinquishment is said to have
taken place when the owner withdraws himself from the property and abandons his/her
rights thereto.
For example, Mr A and Mr B entered into a partnership and contributed some assets. After 2
years, Mr A retired from such a firm and relinquished his rights and interest in such property
in favour of Mr B. In this case, such relinquishment of rights would amount to transfer and
chargeable to tax under the head capital gains.
3.4-4. Extinguishment of rights
The word ‘extinguishment’ has also not been defined in the Act. It refers to the case where
the rights of a person in a capital asset have been extinguished and not the extinguishment
of the capital asset as such. If the asset has irretrievably lost, it cannot be said that the
assessee suffered loss under the head ‘capital gains’. The extinction or loss of the asset does
not fall within the import of the expression ‘extinguishment of the right’.
Reduction of share capital by a company amounts to extinguishment and constitutes transfer.

After reduction of the share capital, though the shares remain the right of the shareholder to
dividends or right to share in the distribution of the net assets upon liquidation of the
company gets extinguished proportionately to the extent of reduction in the capital. If
distribution in the event of reduction of share capital is over and above the accumulated
profits of the company (whether capitalized or not), such excess would be considered a capital
receipt in the hands of the shareholder, giving rise to capital gain. When the capital receipt is
in excess of the original cost of acquisition of that interest which stands extinguished, there
is a capital gain.
3.4-5. Conversion of asset into stock-in-trade
When a person converts or treats his capital asset as stock-in-trade of a business, such
conversion is considered as a transfer of capital asset during the previous year in which such
conversation took place.
For example, an investor introduces his personal investment in shares, securities and
immovable property as stock-in-trade of his business, it will be deemed that he has
transferred his capital asset even though the assets still belong to him.
Such conversion of capital asset would require computation of gains or loss in accordance
with the provisions of Section 45 of the Act. The resultant gain or loss shall be taxable under
the head capital gains. However, the liability to pay tax on such capital gain shall arise in the
previous year in which stock-in-trade is sold or otherwise transferred. If stock-in-trade is sold
in parts in different years, tax on capital gain computed at the time of conversion shall be
deemed to arise in parts in different years and not in one year in which the first or last lot of
stock-in-trade is sold. The Fair market value of such asset on the date of conversion shall be
deemed to be its full value of consideration. In view of Section 2(22B), the fair market value
of such capital asset means the price it would ordinarily fetch on sale in the open market on
the date of conversion. Therefore, in the year of actual sale of stock in trade, the difference
between the FMV on the date of conversion and original cost of acquisition of asset (subject
to second proviso to Section 48, that is, indexation of cost of acquisition) shall be taxed as
capital gain and the difference between actual sale proceeds and FMV on the date of
conversion will be taxed as profits and gains of business and profession.
3.4-6. Maturity or redemption of zero-coupon bonds
Redemption or maturity of a zero-coupon bond, issued by, for example, any infrastructure
capital company or infrastructure capital fund will be treated as transfer.
3.4-7. Indirect transfer
‘Transfer’ shall also include transfer of shares or interest in a foreign company or entity which
derives its value substantially from the assets, located in India. Such transaction shall fall
under the definition of transfer even if it takes place between non-resident persons or entity.
However, this provision does not apply where such asset or capital asset is held by a non-
resident by way of investment, whether directly or indirectly, in Category-I FPI. As a result, no
income shall be deemed to accrue or arise in India in the hands of a non-resident who
transfers his investment in Category-I FPIs even if such investment derives its value from the
assets located in India (i.e., shareholding of FPIs in Indian Companies). Here it is to be noted
that the exemption has been provided to a non-resident who invests in FPIs and not to FPIs
themselves. Hence, if FPIs transfer their shareholding in an Indian company to someone else
then they shall be liable to pay capital gain tax in India.
Share or interest shall be deemed to derive its value substantially from the assets (whether
tangible or intangible) located in India, if the following two conditions are satisfied:
(a) The value of such assets exceeds the amount of ten crore rupees; and
(b) The value of such assets represents at least 50% of the value of all the assets owned by
the company or entity, as the case may be.
Disposing off or parting with the shares of a company registered or incorporated outside India
would be regarded as transfer if the above conditions are satisfied.
3.5 TRANSACTIONS NOT REGARDED AS TRANSFER
The Income-tax Act has listed certain transactions which are not regarded as transfers for
the purpose of capital gains. Consequently, no capital gain may arise from such transfers.
These transactions are listed in Section 46 and 47, enumerated below.
3.5-1. Lending of securities
Under the Securities Lending Scheme of SEBI, a person can lend his securities to a borrower
through an approved intermediary for a specified period with the condition that the borrower
would return equivalent securities of the same type or class at the end of the specified period
along with interest. The CBDT has clarified26 that any lending of scrips or security is not treated
as a transfer even if the lender does not receive back the same distinctive numbers of scrip
or security certificate. Hence, such transaction shall not be subject to capital gains tax.
3.5-2. Rollover of fixed maturity plans
Fixed Maturity Plans (‘FMP’) are closed-ended funds having a fixed maturity date wherein the
duration of investment is decided upfront. The funds collected by FMPs are invested by the
Asset Management Companies (AMCs) in securities having a similar maturity period. To
enable the FMPs to qualify as a long-term capital asset, some AMCs administering mutual
funds offer extension of the duration of the FMPs to a date beyond 36 months from the date
of the original investment by providing to the investor an option of roll-over of FMPs. The
CBDT has clarified27 that the rollover of FMPs in accordance with the SEBI regulation will not
amount to transfer as the scheme remains the same.
3.5-3. Distribution in case of liquidation
Any distribution of assets in kind by a company to its shareholders at the time of liquidation
is not treated as transfer of an asset by the Company. However, in this case, the shareholders
are liable to pay tax on any capital gains arising therefrom in accordance with Section 46.
3.5-4. Gift, will or irrevocable trust
Any transfer of a capital asset under a gift or will or an irrevocable trust is excluded from the
ambit of transfer, except shares, debentures or warrants allotted by a company directly or
indirectly to its employees under any Employees' Stock Option Plan or Scheme of the
company offered to such employees in accordance with prescribed guidelines.
3.5-5. Transfer between holding and subsidiary company
Any transfer of a capital asset by a holding company to its Indian subsidiary company or by a
subsidiary company to its Indian holding company is not regarded as a transfer provided the
specified conditions in respect of such transaction are satisfied.
3.5-6. Transfer in business restructuring
Any transfer of capital assets in a scheme of amalgamation/ demerger/ re-organization of

co-operative banks to a successor co-operative bank or converted Banking company is not
considered as transfer provided the specified conditions are satisfied.
26 Circular No. 751, dated February 10, 1997

27 Circular No. 6/2015, dated April 9, 2015
In addition to this, any transfer of shares held as capital asset by the shareholder of a
predecessor co-operative bank in consideration of the allotment of any shares in the
successor co-operative bank or to the converted banking company will also not regarded as
a transfer28.
3.5-7. Transfer among non-residents
Transfer of the following securities by a non-resident to another non-resident is not charged

to capital gains:
a) Transfer of bonds or GDR of an Indian company or public sector company as referred
under Section 115AC by a non-resident to another non-resident outside India;
b) Transfer of Rupee Denominated Bond of an Indian company by one non-resident to
another non-resident outside India;
c) Transfer of bonds, GDR, Rupee Denominated Bond, derivative, foreign currency-
denominated bond, unit of a Mutual Fund, unit of a business trust, foreign currency-
denominated equity shares of a company or unit of Alternative Investment Fund, by
a non-resident on a recognised stock exchange located in any International Financial
Services Centre provided the consideration is paid or payable in foreign currency; or
d) Transfer of Government Security, carrying periodic payment of interest, outside
India through an intermediary dealing in settlement of securities by a non-resident
to another non-resident.
3.5-8. Conversion of securities
The following conversion of securities shall not be deemed as transfer of securities:

a) Conversion of bonds, debentures, debenture-stock or deposit certificate of a
company into shares or debentures of that company;
b) Conversion of Foreign Currency Exchange Bonds (FCEB), issued to non-residents by
Indian companies, into shares of any company; and
c) Conversion of preferences shares into equity shares of that company.
3.5-9. Succession of entities
Transfer of securities in succession or conversion of entities in the following scenarios shall

not be deemed as transfer, provided prescribed conditions are satisfied:
a) Succession of a partnership firm by a company;

b) Succession of a sole proprietary concern by a company;
c) Conversion of a private company or unlisted public company into a limited liability
partnership (‘LLP‘); or
d) Where an AOP or BOI transfers any capital asset to a company in the course of
demutualization or corporatization of a recognised stock exchange in India.
28 Amended by Finance Act, 2021 with effect from Assessment year 2021-22
3.5-10. Redemption of sovereign gold bonds
Redemption of Sovereign Gold Bond, issued by the RBI under the Sovereign Gold Bond
Scheme, by an individual will not be regarded as transfer.
3.5-11. Transfer of shares of Indian co. to business trust
Where shares of an Indian company, being Special Purpose Vehicle (SPV), is transferred to a
business trust in exchange of units allotted by that trust to the transferor, it is not treated as
transfer for the purposes of capital gains.
3.5-12. Transfer of membership rights of stock exchange
Where a member of recognised stock exchange in India transfers membership right for
acquisition of shares and trading or clearing rights in that stock exchange in accordance with
a scheme for demutualisation or corporatisation, duly approved by the SEBI, such
transaction is not treated as transfer.
3.5-13. Consolidation of mutual fund
To promote consolidation of different similar scheme of transfer of mutual fund, Income-tax

Act provides that consolidation of units shall not be treated as transfer.
3.5-14. Relocation of offshore fund to IFSC
Transfer of capital asset by an original fund to resultant fund in pursuance of its relocation is
not regarded as transfer for the purpose of computing capital gain. In addition to this,
transfer of shares, unit or interest held by an investor in original fund in consideration of
share, unit or interest in resultant fund is also not regarded as transfer (for the meaning of
‘original fund’, ‘relocation’ and ‘resultant fund’ see para 11.6-13) 29.
3.6 COMPUTATION OF CAPITAL GAINS

Any profit or gain arising from transfer of a capital asset is taxable on an accrual basis during
the previous year in which such transfer takes place. The mechanism for computation of
capital gain from transfer of a short-term capital asset is different from the one applicable in
case of long-term capital asset. In case of a long-term capital asset, the indexation benefit is
allowed except in a few cases.
29 Inserted by Finance Act, 2021 with effect from Assessment year 2022-23
3.6-1. In case of short-term capital gains
Particulars Rs.
Less:
b) Cost of acquisition
c) Cost of improvement (xxx)
d) Amount chargeable to tax under Section 45(4) which is attributable to (xxx)
capital asset being transferred by specified entity (to be calculated in the
(xxx)
manner prescribed)30
e) Exemption under Sections 54B, 54D, 54G and 54GA
(xxx)
Short-term capital gain or loss xxx
3.6-2. In case of long-term capital gains
Particulars Rs.
Less:
b) Indexed cost of acquisition
c) Indexed cost of improvement (xxx)
d) Amount chargeable to tax under Section 45(4) which is attributable to (xxx)
capital asset being transferred by specified entity (to be calculated in the (xxx)
manner prescribed)31
e) Exemption under Sections 54 to 54GB
(xxx)
For the computation of capital gains, an assessee has to compute various figures which have
been explained below.
3.6-3. Full value of consideration
The Act has not defined the term ‘full value of consideration’. Therefore, it has to be
understood in a commercial sense according to the prevalent usage. It is the amount of
consideration received or receivable by the owner of asset in lieu of transfer of such assets.
Such consideration may be received in cash or kind. If it is received in kind, then the fair
market value of such assets received is taken as full value of consideration.
30 Inserted by the Finance Act, 2021, with effect from Assessment Year 2021-2022
However, in the cases explained below, the full value of consideration shall be calculated in
contrast to the general principle enumerated above.
Nature of security Full value of consideration
Conversion of capital asset into stock-in-trade Fair market value of capital asset on the
date of conversion
Transfer of securities allotted under ESOPs as Market value of such securities on the date
gift or under an irrevocable trust of transfer
Redemption of rupee-denominated bonds by An amount equal to the value of
non-resident appreciation of rupee against a foreign
currency from the date of issue to the date
of redemption shall be excluded for the
purpose of computing the full value of
consideration.
Unquoted shares transferred for less than Fair market value of such shares on the
their fair market value date of transfer
Capital asset distributed on liquidation of Aggregate of money and market value of
company assets received by shareholder on
liquidation less accumulated profits
taxable as deemed dividend under section
2(22)(c)
Where the consideration for transfer is not Fair market value of asset on date of
ascertainable transfer
Receipt of capital asset by a partner or Fair market value of capital asset on the
member in connection with reconstitution of date of receipt
Firm or other AOP or BOI (not being a
company or a co-operative society)32
Transfer of capital asset by a Firm or other Fair market value of capital asset on the
AOP or BOI (not being a company or a co- date of receipt
operative society) to partner or member in
connection with its dissolution or
reconstitution32
3.6-4. Expenditure incurred in connection with transfer
Any expenditure, incurred wholly and exclusively, in connection with transfer of a capital
asset is allowed as a deduction in computing capital gain. Thus, the brokerage or
commission, stamp duty, registration fee, travelling expenses and legal expenses, etc.,
incurred in connection with transfer are allowed to be deducted in computing capital gain.
32 Inserted by the Finance Act, 2021 with effect from assessment Year 2021-22
However, no deduction is allowed in respect of any sum paid on account of Securities
Transaction Tax (STT), Commodities Transaction Tax (CTT) while calculating the capital gains
from the sale of securities.
3.6-5. Cost of acquisition
As a general principle, the cost of acquisition of an asset is the value for which it was
acquired by the assessee. It includes all expenses which are incurred by the assessee in
acquiring the capital asset. However, in the following circumstances, the cost of acquisition
of a capital asset shall be different from its actual cost.
Situation Cost of Acquisition
Shares acquired by way of purchase on Price actually paid for acquisition (subject to
or after 01-04-2001 certain exceptions, i.e., Section 112A, etc.)
Shares acquired on or before 31-03- Price actually paid for the acquisition or Fair
2001 Market Value as on 01-04-2001, whichever is
higher
Equity shares, units of equity oriented Higher of following:
mutual fund or units of business trust a) Actual cost of acquisition
(being long-term capital asset) b) Fair Market value as on 31-01-2018 or full value
chargeable to Securities Transaction Tax of consideration, whichever is lower
acquired on or before 31-01-2018 and
sold after 01-04-2018
Right Shares Price actually paid for acquisition
Renouncement of right Nil
Bonus share If bonus shares issued on or before 31-03-2001:
Fair Market value of the share as on 01-04-2001
If bonus shares issued on or after 01-04-2001: Nil
Sweat Equity Shares or shares allotted Fair Market Value of shares on the date of
under ESOP exercise of option
Units of business trust allotted in Cost of acquisition of shares of SPV
consideration of transfer of shares of
special purpose vehicle (SPV)
Securities held in Demat Form Security that first entered into the Demat
account is deemed to be the first sold out, and,
accordingly, cost of acquisition is computed.
Conversion of bonds/ debentures/ Cost of converted shares or debentures is taken
debenture-stock /deposit certificates at the price paid for the acquisition of original
into shares or debentures of that bonds, debentures or debenture certificate
company
Shares of a company acquired on Price of such share prevailing on any recognized
redemption of Global Depository stock exchange on the date on which a request
Receipts (GDRs) by non-resident for redemption of GDRs was made
Conversion of preference shares to Cost of acquisition of preference shares shall be
equity shares deemed to be the cost of acquisition of equity
shares.
Stock or share becoming property of the Cost of acquisition of the shares or stock from
assessee on consolidation, conversion which such asset is derived
etc.
Consolidation of mutual fund scheme or Cost of acquisition of units held in consolidating
plan scheme or plan
Segregation of portfolio of mutual fund Amount which bears, to the cost of acquisition
of a unit held by the assessee in the total
portfolio, the same proportion as the net asset
value of the asset transferred to the segregated
portfolio bears to the net asset value of the total
portfolio immediately before the segregation of
portfolios. Further, the cost of the acquisition of
the original units held by the unit holder in the
main portfolio shall be deemed to have been
reduced by the cost of acquisition of units in the
segregated portfolio
Allotment of shares of the amalgamated Price paid for acquisition of shares in
company in lieu of shares held in amalgamating company
amalgamating company
Shares acquired in the resulting The cost of acquisition of shares held by the
company in case of demerger assessee in the demerged company in
proportion to the net book value of assets
transferred in demerger bear to the net worth of
the demerged company, immediately before the
specified date of demerger.
Shares remained in demerged company Cost of acquisition of the shares held by the
after demerger shareholders in the demerged company is
reduced by the cost of acquisition of shares,
acquired from resulting company
Shares transferred by holding company Cost of acquisition of such shares to subsidiary
to a wholly-owned subsidiary or vice- shall be the cost for which such shares was
versa acquired by the holding company or vice-versa
Right of partner to share the profit and Cost of acquisition of such right is deemed to be
loss of LLP which become the property the cost of acquisition of such share in the
company immediately before its conversion.
of assessee on conversion of Company
into LLP
Cost of acquisition by operation of law Cost of acquisition of the previous owner.
i.e. on Partition of HUF, under a gift or However, if such cost cannot be determined,
will, by succession, inheritance or cost of acquisition will be the fair market value
devolution, Transfer of property by a of such asset on the date on which such asset
member to HUF was acquired by the previous owner.
Allotment of equity shares and right to Cost of acquisition of shares: Cost of acquisition
trade in stock exchange, allotted to of original membership of stock exchange
members of stock exchange under a
scheme of demutualization or Cost of acquisition of trading or clearing rights of
corporatization of stock exchanges in stock exchange: Nil
India as approved by SEBI
Stock-in-trade converted into capital Fair market value of stock on the date of
asset conversion
Shares of a company in Liquidation Cost of acquisition shall be computed as per
general provisions contained in Section 48.
However, if such shares were subscribed by a
non-resident in foreign currency, the cost of
acquisition shall be converted into Indian rupees
in accordance with the provisions of First Proviso
to Section 48 or Rule 115A, as the case may be.
Receipt of capital asset or money or Balance in the capital account of partner or
both by a partner or member in member (represented in any manner) in the
connection with reconstitution of Firm books of account of the firm or AOP or BOI at the
or other AOP or BOI (not being a time of its reconstitution. However, the increase
company or a co-operative society)33 in the capital account due to revaluation of any
asset or due to self-generated goodwill or any
other self-generated asset shall be ignored.
3.6-6. Indexed cost of acquisition
The Indexed Cost of acquisition shall be calculated in a two-step process. The first step is to
calculate the cost of acquisition of capital asset. In the second step, such cost of acquisition is
multiplied by the CII of the year in which capital asset is transferred and divided by CII of the
year in which asset is first held by the assessee or CII of 2001-02, whichever is later (Refer
Annexure-I for Notified CII).
33 Inserted by the Finance Act, 2021 with effect from assessment Year 2021-22
CII of the year in which asset
is transferred
Indexed Cost of
= Cost of Acquisition x CII of the year in which asset
Acquisition
is first held by assessee or CII
of 2001-02, whichever is later
3.6-6a. When Indexation benefit is not available?
The benefit of indexation shall not be available in the respect of the following long-term
capital assets:
a) Equity shares, units of equity oriented mutual funds, high premium ULIPs or units of
business trust chargeable to Securities Transaction Tax, if the resultant capital gain is
taxable under Section 112A;
b) Bond or debenture, except Capital Indexed Bonds issued by the Government and
Sovereign Gold Bond issued by RBI;
c) Investment in Securities by Non-resident in Foreign Currency;
d) Depreciable assets;
e) Slump sale;
f) Units purchased in foreign currency by offshore funds;
g) Securities referred to in Section 115AD purchased by FPIs, Specified Category-III AIFs or
Investment division of an offshore banking unit;
h) Foreign Currency Convertible bonds or GDRs, as referred under section 115AC, purchased
in foreign currency;
i) Unlisted securities purchased by a non-resident; and
j) Global Depository Receipts issued to a resident employee as referred under Section
115ACA.
3.6-7. Cost of improvement
‘Cost of Improvement’ means all expenditure of a capital nature incurred on or after 01-04-
2001 in making any addition or alterations to the capital asset either by the assessee or the
previous owner. Therefore, all capital expenditure incurred on or after 01-04-2001 shall be
deducted while calculating the capital gains. In case capital asset is acquired by the assessee
before 01-04-2001, any cost of improvement incurred prior to 01-04-2001, shall be ignored.
However, the cost of improvement in relation to a capital asset being goodwill of a business
or a right to manufacture, produce or process any article or thing or right to carry on any
business or profession shall be taken to be nil.
Further, cost of improvement shall not include such expenditure which is deductible in
computing the income chargeable under the head ‘Income from House Property’, ‘Profits and
Gains of Business or Profession’, or ‘Income from Other Sources’.
3.6-8. Indexed cost of improvement
The Indexed Cost of improvement shall be calculated in the same manner in which indexed
cost of acquisition is computed.
3.6-9. Conversion of capital gain earned in foreign currency into Indian rupees
If any income accrues or arises to a resident or non-resident person in foreign currency, it

shall be translated into Indian Rupees. The translation shall be done as per the conversion
rate prevalent on the relevant dates, as prescribed.
3.6-9a. In case of capital gains earned by the Non-resident Investors from shares or
debentures of an Indian company
Where a non-resident assessee (except FII) acquires shares or debentures of an Indian

company in foreign currency, the capital gain arising from the transfer of such shares or
debentures shall be first computed in the foreign currency in which such security is purchased,
then it shall be converted into Indian currency. This provision of computation of capital gain
shall be applicable in respect of capital gain accruing or arising from sale of every re-
investment thereafter in shares or debentures of an Indian company.
Different provisions have been prescribed by Rule 115A for conversion of cost of acquisition,
expenditure in connection with transfer and the capital gains. These provisions shall apply to
every re-investment of sale consideration into shares or debenture of an Indian company.
These provisions have been explained below.
1. Sales Consideration
The sales consideration shall be converted at the average rate of foreign currency as on the
date of transfer. Average rate is computed by dividing the aggregate of Telegraphic Transfer
(TT) buying and selling rate as adopted by the State Bank of India (SBI).
2. Cost of Acquisition
The cost of acquisition shall be converted into foreign currency at the average rate of foreign
currency as on the date of acquisition of share or debenture. Average rate is computed by
dividing the aggregate of TT buying and selling rate as adopted by the SBI. In this case, the
benefit of indexation shall not be available.
3. Expenditure in connection with transfer
The expenditure incurred wholly and exclusively in connection with transfer of the capital
asset shall be converted at the average rate of foreign currency as on the date of transfer.
Average rate is computed by dividing the aggregate of Telegraphic Transfer (TT) buying and
selling rate as adopted by the State Bank of India (SBI).
4. Capital Gains
The resultant capital gains computed in foreign currency shall be converted into INR at TT
buying rate of such currency on the date of transfer of the capital asset.
3.6-9b. In case of other Capital Gains
The capital gains arising to a resident or non-resident person in foreign currency, in any other
case, shall be converted into Indian Rupees at the telegraphic transfer buying rate of such
currency as it existed on the last day of the month immediately preceding the month in which
the capital asset is transferred.
For example, if on May 15, 2020 an Indian resident transfers a plot of land situated in Dubai,
the capital gains arising therefrom shall be converted into Indian Rupee at the rate of
exchange as it existed on April 30, 2020.
3.6-10. Exemption for capital gains
The Income-tax Act allows exemption from capital gains tax if the amount of capital gains or
consideration, as the case may be, is further invested in specified new assets. These
exemptions are subject to various prescribed conditions, which are briefly captured in the
below table.
Section Eligible Nature of Nature of Nature of Time-limit

Assessee Capital original new asset allowed for
Asset asset investment
Section 54 Individual Long-term Residential Residential To Buy: 1 Year
and HUF Capital House House before and 2
Asset Property Property Years after the
date of transfer
To Construct: 3
Years after the
date of transfer
Section 54B Individual Short-term Agriculture Agriculture 2 years after the
and HUF or Long- land land date of transfer
term
Section 54D Any Short-term Land or Land or To Buy or
Assessee or Long- Building Building to construct: 3
term forming part shift, re- Years after the
of Industrial establish or date of
Undertaking set up a new compulsory
transferred Industrial acquisition
by way of Undertaking
compulsory
acquisition
Section Any Long-term Immovable Bonds of 6 months after
54EC Assessee Capital Property NHAI or REC the date of
Asset or other transfer
notified
bonds
Section Any Long-term Any Capital Units of 6 months after
54EE Assessee Capital Asset Notified Fund the date of
Asset transfer
Section 54F Individual Long-term Any capital Residential To Buy: 1 Year
and HUF Capital asset other House before and 2
Asset than Property Years after the
residential date of transfer
house
property To Construct: 3
Years after the
date of transfer
Section 54G Any Short-term Specified Assets of 1 Year before and
Assessee or Long- Assets of Industrial 3 Years after the
term Industrial Undertaking date of transfer
Undertaking in non-urban
in urban area
area
Section Any Short-term Specified Specified 1 Year before and
54GA Assessee or Long- Assets of Assets of 3 Years after the
term Industrial Industrial date of transfer
Undertaking Undertaking
in urban in SEZ
area
Section Individual Long-term Residential Equity shares To Buy shares:
54GB and HUF Capital Property, of eligible On or before the
Asset i.e., house company or due date for
or plot of eligible start- furnishing of
land up return
To Buy new
assets by the
company: Within
1 year after the
date of
subscription of
shares
Section Non- Long-term Shares of an Shares of an 6 months from
115F Resident Capital Indian Indian the date of
Indian Asset company, company, transfer
Debentures, Debentures,
Deposits of Deposits of
Indian Indian Public
Public Company or
Company or Government
Government Securities
Securities
purchased
in foreign
currency
Note: As per Section 54H, if the transfer of original asset with respect to Section 54, 54B, 54D,
54EC and 54F occurs by way of compulsory acquisition and the consideration is not received
on date of transfer, the timelines provided above shall be considered from the date of receipt
of the consideration.
3.6-11. Tax rates on capital gains
3.6-11a. Short-term Capital Gains
Short-term capital gain is chargeable to tax at the rate of 15% plus surcharge and cess if such
capital gain arises from transfer of securities, being equity shares, units of an equity-oriented
fund, high premium ULIPs34 or units of business trust, and such transaction is chargeable to
thereof.
Securities Transaction Tax (STT). If STT is not applicable, the short-term capital gain shall be
taxable at the applicable rate (see Annexure E for the relevant rates).
3.6-11b. Long-term Capital Gains
Long-term capital gain in excess of Rs. 1 lakh shall be chargeable to tax at the rate of 10% plus
surcharge and cess if such capital gain arises from transfer of securities, being equity shares,
units of the equity-oriented fund, high premium ULIPs or units of business trust, and such
transaction is chargeable to STT. If STT is not applicable, the long-term capital gain shall be
taxable at the rate of 20% plus surcharge and cess (please refer Annexure E for relevant rates).
However, for the specified securities the assessee shall have an option to pay tax at the rate
of 10% without claiming the benefit of Indexation or Indexation and foreign fluctuations, as
the case may be.
This option to pay tax at the rate of 20% (with indexation) and 10% (without indexation) is
available only in respect of the following securities:
a) Listed Securities other than units (i.e., equity shares, debentures, govt. securities, etc.);
and
b) Zero-Coupon Bonds.
Further, benefit of indexation is also not available in respect of transfer of unlisted Securities
by non-resident assessee, and tax on capital gains shall be computed without considering the
benefit of currency translation.
3.6-11c. Summary
Section Assessee Particulars Tax Rate
Section 111A Any Person Short-term capital gains arising from transfer of equity 15%
shares or units of equity oriented mutual fund or high
premium ULIPs35 or units of business trust if transfer of
such capital asset is chargeable to Securities
Transaction Tax (STT)
Any person Long-term capital gains arising from transfer of listed 10%
securities (other than a unit) or zero-coupon bonds
without giving effect to benefit of indexation.
Section 112
Non-resident Long-term capital gains arising from transfer of unlisted 10%
(not being a securities or shares of closely held companies without
company) or a
thereof.
foreign giving effect to benefit of indexation and currency
company translation.
Any Person Any other long-term capital gains 20%
Section 112A Any Person Long-term capital gains, in excess of Rs. 1 lakh, arising 10%
from transfer of equity shares, units of equity oriented
mutual fund, high premium ULIPs or units of business
trust if transfer of such capital asset is chargeable to
Securities Transaction Tax (STT) (without giving effect to
benefit of indexation and currency translation)
Section 115AB Overseas Long-term capital gain arising from transfer of units of 10%
financial specified Mutual Funds or of UTI purchased in foreign
organization currency without giving effect to benefit of indexation
or offshore
funds
Section 115AC Non-resident Long-term capital gains arising from transfer of 10%
specified Bonds or GDRs of an Indian Company or Public
sector company (PSU) purchased in foreign currency
without giving effect to benefit of indexation and
currency translation
Section 115ACA Resident Long-term capital gains arising from transfer of GDRs 10%
Individual issued by an Indian company or its subsidiary, engaged
in specified knowledge-based industry or service, to its
employees if such GDRs are purchased in foreign
currency and capital gain is computed without taking
benefit of foreign exchange fluctuation and indexation
(see para 11.6-15)
Section 115AD, Foreign Short-term capital gains arising from transfer of equity 15%
read with section Institutional shares or units of equity oriented mutual fund or units
111A and 112A Investors36 or of business trust as covered under Section 111A
Specified fund
(see para Short-term capital gains arising from transfer of any 30%
11.6-5) other securities, not being the units referred under
Section 115AB
Long-term capital gains in excess of Rs. 1 lakh arising 10%

from transfer of equity shares or units of equity
oriented mutual fund or units of business trust as
36The concept of Foreign Institutional Investor (FII) has been substituted by Foreign Portfolio Investor (FPI) by SEBI
(Foreign Portfolio Investors) Regulations, 2014 which has also been substituted by the SEBI (Foreign Portfolio Investors)
Regulations, 2019.
covered under Section 112A
Long-term capital gains arising from transfer of other 10%

securities, not being the units referred under Section
115AB, provided capital gain is computed without
taking benefit of foreign exchange fluctuation and
indexation.
Section 115E Non-resident Long-term capital gains from transfer of foreign 10%
Indian exchange asset without giving effect to benefit of
indexation.
Review Questions:
1. Which one of these is included in ‘Capital asset’?
(a) Movable Property
(b) Immovable Property
(c) Leasehold Right
(d) All of these
2. Capital asset does not include which of the following?
(a) Raw Materials for Business or Profession
(b) Immovable Property
(c) Leasehold Right
(d) None of these
3. Gains from the sale of which of the following shall be chargeable to tax?
(a) Sculptures
(b) Paintings
(c) Jewellery
(d) All of these
4. A depreciable asset will always be treated as:
(a) Short-term capital asset
(b) Long-term capital asset
(c) Both short & long-term depending on holding period
(d) None of these

CHAPTER 4: INCOME FROM OTHER SOURCES
 Deemed Gift Tax

 Interest and Dividend
 Income Computation and Disclosure Standards (ICDS)
4.1 INTRODUCTION
Any income, which is not exempt from tax and has to be included in the total income, shall
be chargeable to tax under the head ‘Income from other sources’, if it is not chargeable to
income-tax under other four heads of income, - Salaries, Income from House Property, Profits
and Gains from business or profession and, Capital gains. However, there are certain incomes
which are always taxable under the head ‘income from other sources’.
Income taxable under the head ‘income from other sources’ shall be computed in the
following manner:
Nature of Income Amount

1. Dividend Income xxx
2. Winning from lotteries, etc. xxx
3. Employees’ contribution towards staff welfare scheme** xxx
4. Interest on securities** xxx
5. Rental income of machinery, plant or furniture**
xxx
6. Composite rental income from letting out of plant, machinery, furniture
xxx
and building**
7. Sum received under Keyman insurance policy++
8. Deemed Income of a closely held company xxx
9. Interest on compensation or enhanced compensation xxx
10. Advance money received in the course of negotiations for transfer of a xxx
capital asset which has been forfeited and negotiation do not result in xxx
transfer of such capital asset
11. Deemed Income in certain cases
12. Compensation on termination of employment or modification of terms of xxx
employment xxx
13. Any other income not taxable under any other head
xxx
Less: Attributable expenses
(xxx)
Income from other sources xxx
** If such income is not chargeable to income-tax under the head "Profits and gains of
business or profession"
++ If such income is not chargeable to income-tax under the head "Profits and gains of
business or profession" or under the head "Salaries".
Income arising from securities which are always chargeable to tax under the head other
sources are as follows:
a) Dividend income from securities;

b) Interest income from securities held as an investment;
c) Advance money received in the course of negotiations for transfer of a capital asset
which has been forfeited and negotiation do not result in transfer of such capital asset;
d) Deemed Income in certain cases specified under section 56(2); and
e) Shares issued at premium by a closely-held company.
4.2 DIVIDEND INCOME

4.2-1. Meaning of Dividend
‘Dividend’ usually refers to the distribution of profits by a company to its shareholders.

However, certain receipts also deemed as a dividend. The deemed dividend, as defined in
Section 2(22) of the Income-tax Act, includes the following:
a) Distribution of accumulated profits to shareholders entailing release of the company’s
assets;
b) Distribution of debentures, debenture stock, or deposit certificates to shareholders out
of the accumulated profits of the company and issue of bonus shares to preference
shareholders out of accumulated profits;
c) Distribution to shareholders of the company on its liquidation out of accumulated profits;
d) Distribution to shareholders out of accumulated profits on the reduction of capital by the
company; and
e) Loan or advance by a closely-held company to its shareholder out of accumulated profits.
4.2-2. Scheme of Taxation
Up to Assessment Year 2020-21, domestic companies and mutual funds were liable to pay
Dividend Distribution Tax (DDT) on dividend. Therefore, shareholders or unit-holders were
exempt from paying tax on the dividend income (subject to certain conditions). After the
abolition of DDT by the Finance Act, 2020 with effect from Assessment Year 2021-22, if a
company, mutual fund, business trust or any other fund distributes dividend to its
shareholders or unit-holders then such dividend income is taxable in the hands of such
shareholder or unit-holders. The taxability of dividend and tax rate thereon shall depend upon
the residential status of the shareholders and quantum of income. In case of a non-resident
shareholder, the provisions of Double Taxation Avoidance Agreements (DTAAs) and
Multilateral Instrument (MLI) shall also come into play (see Chapter 6 and Chapter 7 to know
more about the taxation of dividend).
4.2-3. Applicability of TDS provision
The tax is required to be deducted from dividend in accordance with Section 194 or Section
194K of the Act, as the case may be.
4.3 INTEREST ON SECURITIES
The income in the nature of interest on securities is taxable in the hands of the assessee under
the head ‘income from other sources’. This income is taxable as other sources if it is not in
the nature of business income.
4.3-1. Meaning of ‘interest on securities’
As per Section 2(28B) of the Income-tax Act, ‘interest on securities’ means:
a) Interest on any security of the Central Government or a State Government;

b) Interest on debentures/other securities for money issued by or on the benefit of a local
authority or a company or a corporation established by a Central or State or provincial
Act.
4.3-2. Meaning of ‘securities’
As the word ‘security’ is not defined under the Income-tax Act, the reference can be taken
from Section 2(h) of the Securities Contracts (Regulation) Act, 1956. Thus, the interest on
securities can arise from the following securities:
a) Bonds;
b) Debentures or debenture stock;
c) Security receipt;
d) Government securities.
e) Pooled Investment Vehicle
4.3-3. Basis of charge
In view of Section 145 of the Income-tax Act, income in the nature of interest on securities
shall be computed in accordance with the method of accounting regularly employed by the
assessee. Two methods of accounting are allowed under the Income-tax Act, namely, the
mercantile system and cash system. If the assessee follows mercantile system of accounting,
interest on securities is taxable on accrual basis. If he follows the cash system of accounting,
it is taxable on receipt basis.
Where the assessee follows the mercantile system of accounting, the interest on securities
shall be recognized in accordance with ICDS-IV (Revenue Recognition) on time basis
determined by the amount outstanding and the rate applicable. The interest income so
computed on a time basis shall be recognized on accrual basis even if it does not fall due.
However, if due to any reason interest received by the assessee is less than the interest
computed on a day-to-day basis, then the interest income for the period during which the
securities were held by the owner would be deemed as income of such the assessee if
following conditions are satisfied:
a) The assessee has a beneficial interest in such security at any time during any previous
year; and
b) The result of any transaction relating to such securities (or income thereof) is that either
no income is received by him or the income received by him is less than the sum he would
have received if interest had accrued from day-to-day.
Similarly, where an assessee enters into a sale and buy-back transaction and as a result of
such transaction interest payable in respect of such transaction is receivable by any other
person, such interest shall be deemed to be the income of assessee.
These provisions shall not apply if the assessee proves to the satisfaction of the Assessing
Officer that there has been no avoidance of tax, or avoidance of tax was exceptional and not
systematic and in any of the 3 preceding years there was no avoidance of tax by any
transaction of such nature.
4.3-4. Interest exempt from tax
Section 10 of the Income-tax Act provides exemption for certain interest income (see
Annexure G for exemptions relating to interest income).
4.3-5. Computation of taxable income
The taxable income in the nature of interest on securities shall be computed in the following
manner:
Particulars Amount
Gross interest from securities xxx
Less: Permissible deductions

a) Collection charges (xxx)
b) Interest on borrowings obtained to purchase securities
c) Any other revenue expenditure laid out or expended wholly and exclusively (xxx)
for the purpose of earning such income (xxx)
Taxable income from securities xxx
4.3-6. Applicability of TDS provision
The tax is required to be deducted from interest on securities in accordance with Section 193
of the Act. Where interest is paid after deduction of tax at source, it is to be grossed up
because the amount of tax deducted at source is a part of the income of the assessee.
The grossing up is to be done in the following manner:
= Net amount of 100

Taxable interest x
interest received (100 – Rate of TDS)
The rate of grossing up of interest depends on the rate at which tax was deducted at source.
The interest from tax-free government securities need not be grossed up since no tax is
leviable on such securities.
4.3-7. Taxability of income
If securities are held as stock-in-trade, any profit arising from the sale of securities is
chargeable to tax under the head profits and gains of business or profession. If securities are
held as an investment, any profit arising from the sale of such securities is chargeable to tax
under the head capital gains.
4.3-8. Conversion of income from securities earned in foreign currency into Indian rupees
If any income from securities, earned in foreign currency, is taxable in India it shall be
converted into Indian Rupees at the SBI telegraphic transfer buying rate that existed on the
last day of the month immediately preceding the month in which income is due. In case the
income payable in foreign currency is subject to TDS as per the provision of the Income-tax
Act, the date of conversion will be the date on which tax is required to be deducted.
4.3-9. Rate of tax
The interest shall be chargeable as per tax rates applicable to the assessee. However, in case
of non-residents, certain interest incomes are taxable at concessional rates, which are
enumerated below.
Non-resident Interest received from Government or 20%

Section 115A
or Foreign Co. an Indian concern on monies
borrowed or debt incurred by such
Government or Indian concern in
foreign currency.
Non-resident Interest received from notified 5%

or Foreign Co. Infrastructure Debt Fund as referred
to in Section 10(47)
Non-resident Interest received from an Indian Co. 4% if interest is payable

or Foreign Co. or business trust as specified in in respect of long-term
Section 194LC, i.e., interest in respect bond or rupee-
of monies borrowed by them in denominated bonds
foreign currency or long-term listed on a recognised
infrastructure bonds or rupee- stock exchange in IFSC
denominated bonds. otherwise 5%
Non-resident Interest on rupee-denominated 5%

or Foreign Co. bonds of an Indian Co. or Government
Securities or municipal debt securities
as referred to in Section 194LD
Non-resident Interest income distributed by 5%

or Foreign Co. business trust to its unitholders as
referred to in Section 194LBA.
Section 115AC Non-resident Interest on bonds of an Indian 10%

Company or Public Sector Company
(PSU) purchased in foreign currency
Section 115AD Foreign Interest on rupee-denominated 5%

Institutional bonds of an Indian Company or
Investor Government Securities or municipal
debt securities
Section 115AD Foreign Interest on securities other than 20%

Institutional securities referred under Section
Investors 115AB
Section 115AD Specified fund Interest on securities other than 10%

(See Para 11.6- securities referred under Section
5a) 115AB
4.4 GIFT OF SECURITIES
Where any person receives a movable property from any person without consideration or for
inadequate consideration than the tax shall be chargeable in the hands of the recipient as
income from other sources. However, no tax shall be charged if the aggregate amount of
difference between the fair market value of properties received during the year and the
amount of consideration paid in respect thereof, if any, does not exceed Rs. 50,000. The
movable property, for this provision, shall include shares and securities.
4.4-1. Computation of income
Where shares and securities are received from any person without consideration, the whole
of the aggregate fair market value of such properties received during the year shall be
chargeable to tax if the aggregate fair market value thereof exceeds Rs. 50,000
Where shares and securities are received for inadequate consideration, the difference
between the fair market value and consideration shall be chargeable to tax if the aggregate
amount of difference between the fair market value of properties received during the year
and consideration paid in respect thereof exceeds Rs. 50,000.
4.4-2. Computation of fair market value
The fair market value of share and securities is computed as per Rule 11UA of the Income-
tax Rules, 1962. Rule 11UA prescribes the different method for computing the fair market
value of quoted and unquoted shares and securities.
4.4-2a. Quoted shares and securities
If quoted shares and securities are received by way of any transaction carried out through any
recognized stock exchange, the fair market value of such shares and securities shall be the
transaction value as recorded in such stock exchange.
If quoted shares and securities are received by way of transaction carried out other than
through any recognized stock exchange, the fair market value of such shares and securities
shall be the lowest price of such shares and securities quoted on any recognized stock
exchange on the valuation date.
Where on the valuation date there is no trading in such shares and securities on any
recognized stock exchange, the fair market value shall be the lowest price of such shares and
securities on any recognized stock exchange on a date immediately preceding the valuation
date when such shares and securities were traded on such stock exchange.
4.4-2b. Unquoted shares and securities
The fair market value of unquoted equity shares shall be determined as per the following
formula.
Paid-up value of such equity shares
Book Value of Book Value
(less) x Total amount of paid-up equity share capital
Assets of Liabilities
as shown in the balance-sheet
Calculation of book value of assets
The value of certain assets to be included in the book value of assets shall be determined as
per the following provisions:
a) Value of Jewellery and artistic work shall be the price it would fetch if sold in the open
market on the basis of valuation report obtained from a registered valuer;
b) Value of shares and securities shall be the fair market value determined in the manner
provided in Rule 11UA; and
c) Value of immovable property shall be the value adopted/assessed/assessable by the
authorities for payment of stamp duty in respect of such property.
The book value of assets shall not include the following:
a) Amount of pre-paid taxes (i.e., TDS, TCS, Advance tax) as reduced by the amount of
Income-tax refund claimed;
a) Any amount shown in the balance sheet as an asset that does not represent the value of
any asset (i.e., unamortized amount of deferred expenditure, deferred tax asset, etc.)
Calculation of book value of liabilities
The book value of liabilities shall not include the following:
a) Paid-up capital in respect of equity shares;

b) Amount set aside for payment of dividend on preference shares and equity shares if such
dividends have not been declared (before the date of transfer) at a general body meeting
of the company;
c) Reserves and surplus (even if the resulting figure is negative) other than those set apart
towards depreciation;
d) Excess provision for tax (including deferred tax liability)
e) Provisions for unascertained liabilities;
f) Contingent Liabilities other than arrears of dividends payable in respect of cumulative
preference shares.
For example, in the year 00, XYZ Pvt. Ltd. issued 10,000 shares having a face value of Rs. 10
each to Mr A at Rs. 120 per share. Book value of the assets and liabilities were as follows:
Particulars Amount (Rs.)
Share Capital 1,00,00,000
General Reserves 10,00,000
Creditors 10,00,000
Long-term loans 10,00,000
Provision for tax (Including Rs. 5,00,000, being excess provision for tax) 10,00,000
Contingent liabilities 7,50,000
Total Liabilities and Capital 1,47,50,000
Land and building (Stamp Duty Value Rs. 75,00,000) 60,00,000
Jewellery (Fair Market value Rs. 17,00,000) 15,00,000
Plant and machinery 50,00,000
Furniture 4,00,000
Computer and other equipment 2,50,000
Paintings (Fair Market Value Rs. 90,000) 1,00,000
Other assets 9,50,000
Unamortized expenditure 5,50,000
Total Assets 1,47,50,000
The Fair market value of the shares shall be calculated as follows:

Amount received by the company Amount
Total value of assets 1,47,50,000
Add/(Less): Adjustment of difference between book value and Fair Market
Value
- Land and building 15,00,000
- Jewellery 2,00,000
- Paintings (10,000)
Less: Unamortized expenditure (5,50,000)
Book value of asset (A) 1,58,90,000
Total value of capital and liabilities 1,47,50,000
Less:
a) Share Capital (1,00,00,000)
b) Reserves (10,00,000)
c) Provision for tax (5,00,000)
d) Contingent liabilities (7,50,000)
Book value of liabilities (B) 25,00,000
Amount received by the company for issue of shares [C= A - B] 1,33,90,000
Paid up value of equity shares held by Mr. A [D = 10,000 * 10] 1,00,000
Total amount of paid-up equity share capital [E] 1,00,00,000
Fair market value of shares held by Mr. A [E= C * D / E] 1,33,900
Fair market value per share [F = E / 10,000] 13.39
4.4-2c. Valuation of other unquoted securities
The fair market value of unquoted shares and securities (other than equity shares) in a
company shall be estimated to be the price it would fetch if sold in the open market on the
valuation date and the assessee may obtain a report from a merchant banker or an
accountant in respect of such valuation.
4.4-3. Cases when income is not chargeable to tax
Where shares and securities are received without consideration or for inadequate
consideration, no tax shall be charged in the following cases:
4.4-3a. Due to specified event
Income shall not arise under this provision if any sum of money or any property is received:
a) on the occasion of the marriage of the individual;

b) under a will or by way of inheritance;
c) in contemplation of death of the payer or donor;
4.4-3b. Due to the status of donor/payer
a) from any specified relative;

b) from any local authority;
c) from any fund or foundation or university or other educational institution or hospital or
other medical institution or any trust or institution referred to in section 10(23C);
d) from any trust or institution registered under section 12A/12AA/12AB;
e) from an individual by a trust created or established solely for the benefit of relative of
such individual.
In case of HUF, every member of HUF will be treated as a relative. However, in case of an
individual, the following persons are treated as a relative for the purpose of this provision:
 Husband/Wife
 Son/Daughter (Including Stepchild and  Daughter-in-Law/Son-in-Law

Adopted child)
 Father/Mother  Mother-In-Law
 Step-father/mother  Father-In-Law
 Brother (and his wife)/Sister (and her  Brother-in-Law (and his wife)
husband)  Sister-in-law (and her husband)
 Half-brother/Sister
 Grandfather  Spouse’s Grandfather
 Grandmother  Spouse’s Grandmother
 Grandson (and his wife)  Great Grandson (and his wife)
 Granddaughter (and her husband)  Great Granddaughter (and her husband)
 Great Grandfather  Spouse’s Great Grandfather
 Great Grandmother  Spouse’s Great Grandmother
 Father’s Brother (and his wife)  Mother’s Brother (and his wife)
 Father’s Sister (and her husband)  Mother’s Sister (and her husband)
The following persons are not deemed as ‘relatives’ for this provision:
a) Step-brother/sister
b) Nephew/Niece
c) Cousins
4.4-3c. Due to the status of the donee/payee
a) by any trust or institution registered under section 12A/12AA/12AB;

b) by any fund or trust or institution or any university or other educational institution or any
hospital or other medical institution referred to in Section 10(23C)(iv)/(v)/(vi)/(via);
4.4-3d. Due to transactions not regarded as transfer
Income shall not arise under this provision if any sum of money or any property is received
under the following transactions not regarded as transfer under Section 47:
a) Any distribution of capital assets on total or partial partition of a HUF [Section 47(i)];
b) Transfer of a capital asset by a holding company to its Indian wholly owned subsidiary
company or by the wholly subsidiary to its Indian holding company provided the
conditions specified in Section 47(iv)/(v) are satisfied;
c) Transfer of a capital asset in a scheme of amalgamation, demerger or business
reorganization specified in clause (vi) or clause (via) or clause (viaa) or clause (vib) or
clause (vic) or clause (vica) or clause (vicb) or clause (vid) or clause (vii) or (viiac) or (viiad)
or (viiae) or (viiaf) of section 47.
4.4-3e. Due to Covid-19

Income shall not arise under this provision if any sum of money or property is received:
(a) in respect of any expenditure actually incurred by a person on his
medical treatment or treatment of any member of his family, for any illness related to
COVID-19. This benefit shall be allowed subject to such conditions as the Central
Government may notify;
(b) by a family member of a person who died due to Covid-19. If the sum
is received from the employer of the deceased, no tax shall be charged irrespective of the
amount received. However, where the sum is received from any other person, sum
received upto Rs. 10 lakhs shall be tax-free. This benefit shall be allowed only if the
payment is received within 12 months from the date of death of the person and subject
to such other conditions as the Central Government may notify.
4.4-3f. Due to notified class
These provisions will not apply to any sum of money or any property received from such class
of persons and subject to such conditions, as may be prescribed.
The CBDT has notified37 that the provisions of Section 56(2)(x) shall not be applicable to the
following:
a) Any immovable property, being land or building or both, received by a resident of an

unauthorized colony in the NCT of Delhi. This exemption is subject to the condition that
such transaction must be regularized by the Central Government on the basis of the latest
power of attorney, agreement to sale, will, possession letter and other documents,
including documents evidencing payment of consideration for conferring or recognising
the right of ownership or transfer or mortgage in regard to such immovable property in
favour of such resident. Therefore, on the execution of conveyance deed, no income shall
be chargeable to tax in hands of resident of unauthorized colonies as per the provisions
of section 56(2)(x);
b) Any unquoted shares of a company and its subsidiary and the subsidiary of such subsidiary
received by a shareholder where:
 The Tribunal, on an application moved by Central Government under Section 241 of
the Companies Act, 2013, has suspended the board of directors of such company and
has appointed new directors as nominated by the Central Government; and
 The share of the company and its subsidiary and the subsidiary of such subsidiary has
been received pursuant to a resolution plan approved by the Tribunal, after affording
a reasonable opportunity of being heard to the Jurisdictional Principal Commissioner
or Commissioner.
c) Any equity shares of the reconstructed bank received by the investor or the investor bank
under Yes Bank Limited Reconstruction Scheme, 2020, at the price specified therein.
d) Any movable property, being equity shares of the public sector company, received by a
person from the Central Government or any State Government under strategic
disinvestment. Strategic disinvestment means the sale of shareholding by the Central
Government or any State Government in a public sector company which results in the
reduction of its shareholding to below 51% along with a transfer of control to the buyer.
37 Rule 11UAC Substituted vide Notification No. 40/2020 dated 29-06-2020

4.5 SHARES ISSUED AT PREMIUM BY CLOSELY HELD COMPANY
4.5-1. Taxability of excess premium
Any excess premium received by a company from the issue of shares is chargeable to tax
under the head income from other sources if the following conditions are satisfied:
a) Shares (equity or preference shares) are issued by a closely held company;
b) The consideration for the issue of shares is received from a resident person;
c) The consideration received exceeds the face value and fair market value of shares.
If the above conditions are satisfied, the consideration exceeding the fair market value
of the share shall be taxable in the hands of the issuer company. The fair market value
of shares shall be determined as per Rule 11UA.
However, in the following cases, this provision shall not apply to any consideration received
for the issue of shares:
a) Where consideration is received by a Venture Capital Undertaking from a Venture Capital

Company or Venture Capital Fund or Category-I or Category-II Alternative Investment
Fund (AIF)
b) Where the company is an eligible start-up fulfilling conditions as prescribed in the
Notification issued by the DPIIT.
Issuing Company Shares issued to Whether Section

56(2)(viib) is applicable?
Venture Capital Company No
Venture Capital Undertaking Venture Capital Fund No
Category-I or Category-II AIF No
Any person (in compliance No
Eligible Start-up with DPIIT Notification)
Any person (In any other case) Yes
Non-resident person No
Closely held company not Resident person Yes
being an eligible start-up (If issue price is more than
FMV)
4.5-2. Valuation of unquoted equity shares
For the purpose of calculation of deemed income under Section 56(2)(viib), which may arise
in the hands of a closely held company when shares are issued at a premium, the fair market
value of unquoted shares shall be determined as per any of the following method (at the
option of the closely held company):
a) Book Value Method
b) Discounted Cash Flow Method determined by a Merchant Banker
4.5-2a. Book Value Method
Fair Market Value of unquote shares shall be determined as per the following formula
Paid-up value of such

equity shares
Book Value of Book Value of
(less) x Total amount of paid-up
Assets Liabilities
equity share capital as
shown in the balance-sheet
Calculation of book value of assets
The book value of assets shall not include the following:
a) Amount of pre-paid taxes (i.e., TDS, TCS, Advance tax) as reduced by the amount of
b) Any amount shown in the balance sheet as an asset that does not represent the value of
any asset (i.e., unamortized amount of deferred expenditure, deferred tax asset, etc.)
Calculation of book value of liabilities
The book value of liabilities shall not include the following:
a) Paid-up capital in respect of equity shares;

b) Amount set aside for payment of dividend on preference shares and equity shares if such
of the company;
c) Reserves and surplus (even if the resulting figure is negative) other than those set apart
d) Excess provision for tax (including deferred tax liability)
e) Provisions for unascertained liabilities;
f) Contingent Liabilities other than arrears of dividends payable in respect of cumulative
preference shares.
For example, in year 00, XYZ Pvt. Ltd. issued 1,000 shares of face value of Rs. 1,000 each to
Mr A at Rs. 2,000 per share. Book value of the assets and liabilities are as follows:
Creditors 10,00,000
Land and building 73,00,000
Furniture 4,00,000
Computer and other equipments 2,50,000
Advance tax 5,00,000
Tax Deducted at source 3,00,000

Less: Prepaid taxes as reduced by Income-tax refund claimed [Rs. 5,00,000 (3,00,000)
+ Rs. 3,00,000 – (Rs. 10,00,000 – Rs. 5,00,000)]
Less:
e) Share Capital (1,00,00,000)
f) Reserves (10,00,000)
g) Provision for tax (-)
h) Contingent liabilities (7,50,000)
Paid up value of equity shares held by Mr. A [D = Rs. 1,000 * 1,000] 10,00,000
Total amount of paid up equity share capital [E] 1,00,00,000
Fair market value per share [F = E / 1,000] 1,090
4.5-2b. Discounted Cash Flow Method
The Discounted Cash Flow (DCF) methodology expresses the present value of a business as a
function of its future cash earnings capacity. In this method, future cash flows of a business
are discounted at an appropriate discount rate on a going concern assumption. In this
method, the net present value of cash flow is determined for a selected period which is called
‘explicit forecast period’. The value is placed both on the explicit cash flows, and the ongoing
cash flows a company will generate after the explicit forecast period which is known as the
terminal value.
The discount rate is applied to estimate the present value of the explicit forecast period’s free
cash flows as well as the continuing value. The resultant figure is taken at the Cost of Equity
(COE) or the Weighted Average Cost of Capital (WACC). While COE is used for the Free Cash
Flow to Equity (FCFE) variant of DCF, WACC is the discount rate used in Free Cash Flow to the
Firm (FCFF). One of the advantages of the DCF approach is that it permits the various elements
that make up the discount factor to be considered separately, and thus, the effect of the
variations in the assumptions can be modelled more easily. The principal elements of WACC
are COE (which is the desired rate of return for an equity investor given the risk profile of the
company and associated cash flows), the post-tax cost of debt, and the target capital structure
of the company (a function of debt-to-equity ratio). COE is derived on the basis of the capital
asset pricing model (CAPM), as a function of the risk-free rate, Beta (an estimate of the risk
profile of the company relative to equity market) and equity risk premium assigned to the
subject equity market.
The cumulative DCF is adjusted for items whose value cannot be ascribed to the equity
capital to arrive at the equity value.
4.6 APPLICABILITY OF INCOME COMPUTATION AND DISCLOSURE STANDARD (ICDS)
The income taxable under the head of Income from other sources shall be computed in
accordance with provisions of Section 56 to Section 59 and Income Computation and
Disclosure Standards. The Central Government has notified 10 ICDS which are applicable with
effect from 01-04-2016 for computation of income taxable under the head ‘Profit and gains
from business and profession’ and ‘Income from other sources’. Following ICDSs have been
notified by the Govt.:
1. ICDS 1: Accounting Policies

2. ICDS II: Valuation of inventories
3. ICDS III: Construction contracts
4. ICDS IV: Revenue Recognition
5. ICDS V: Tangible fixed assets
6. ICDS VI: Effects of change in Foreign exchange rates
7. ICDS VII: Government Grants
8. ICDS VIII: Securities
9. ICDS IX: Borrowing costs
10. ICDS X: Provisions, Contingent liabilities and Contingent Assets.
Review Questions:
1. When the assessee is a non-resident or a foreign company, interest received from a

notified Infrastructure Debt Fund is chargeable to tax at the rate of _____________.
(a) 5 percent
(b) 10 percent
(c) 15 percent
(d) 20 percent
2. When the assessee is a Foreign Portfolio Investor (FPI) interest on rupee

denominated bonds of an Indian Company is chargeable to tax at the rate of _____.
(a) 10 percent
(b) 15 percent
(c) 5 percent
(d) 20 percent
3. For calculating book value of liabilities in case of unquoted shares which of the
following shall NOT be included?
(a) Paid-up capital of equity shares

(b) Reserves and surplus
(c) Provisions for unascertained liabilities
(d) All of these
4. ‘Income from other sources’ will includes which of the following?
(a) Dividend Income

(b) Employees’ contribution towards staff welfare scheme
(c) Deemed Income of a closely held company
(d) All of these
CHAPTER 5: TAXATION OF DEBT PRODUCTS38
 Source of Income
 Types of Debt Products
Debt instruments are used by many entities to raise funds from the market. Debt instruments
are similar to giving a loan to the issuing entity by the investor. The person holding the debt
instrument of an entity would not hold any voting power or dividend claim. However, he is
entitled to receive interest and redemption value at the time of maturity from the entity.
5.1 SOURCES OF INCOME FROM DEBT PRODUCTS
Periodic income earned from debt instruments is classified as interest income. Whereas, the
gain or loss arising from transfer or redemption of debt instruments is classified as capital
gains and taxed as such.
5.1-1. Interest income
The income in the nature of interest on securities is taxable in the hands of the assessee under
the head ‘income from other sources’ if the same is not taxable under the head business
income.
As per Section 145 of the Income-tax Act, income chargeable to tax under the head ‘Income
from Other Sources’ or Business Income shall be computed in accordance with the method of
accounting regularly employed by the assessee. Two methods of accounting are allowed
under the Income-tax Act, namely, the mercantile system and cash system, whichever is
regularly employed by the assessee. If the assessee regularly follows mercantile system of
accounting, interest on securities is taxable on an accrual basis. If he regularly follows the cash
system of accounting, it is taxable on a receipt basis.
The income taxable under the head ‘Business or Profession’ and ‘Income from Other Sources’
is computed as per the provisions of the Income-tax Act and Income Computation and
Disclosure Standards (ICDS). To date, the Central Government has notified 10 ICDS. ICDS-IV
deals with revenue recognition. It provides that interest shall accrue on the time basis
determined by the amount outstanding and the rate applicable.
38In case of FPIs and Specified funds, tax shall be charged at the concessional rate specified under Section 115AD. For
taxability of these FPIs and Funds refer chapter 10 and Chapter 11.
The taxable income in the nature of interest on securities shall be computed in the following
manner:
Particulars Amount
Gross interest from securities xxx
Less: Permissible deductions

a) Collection charges (xxx)
b) Interest on borrowings obtained to purchase securities (xxx)
c) Any other revenue expenditure laid out or expended wholly and exclusively (xxx)
for the purpose of earning such income
Taxable income from securities xxx
Section 10 of the Income-tax Act provides exemption from certain interest income and,
accordingly, no tax is charged thereon (see Annexure G for exemptions relating to interest
income).
5.1-2. Capital gains
Gain or loss arising from transfer or redemption of any security including debt securities is
chargeable to tax under the head capital gain if same is held by the assessee as a capital asset,
that is, as an investment. Securities held by foreign portfolio investors (FPIs) are always
treated as capital asset. Therefore, income arising from the transfer or redemption of
securities by FPIs shall always be taxed under the head capital gain. Tax on capital gain
depends upon many factors such as nature of security, the period of holding, residential
status of the assessee, etc. Section 47 of the Income-tax Act has specifically excluded certain
types of transfer from the scope and meaning of the word ‘transfer’ in relation to a capital
asset. Consequently, no capital gain may arise from such a transfer (see Chapter 3 to know
more about the Capital Gains).
5.2 COUPON BONDS

Bonds are generally issued and redeemed at face value and carry interest which is paid to the
investor over the tenure of the Bond. The principal features of a bond are maturity (i.e.,
tenure), coupon (i.e., interest), and principal (i.e., face value). In many cases, the name of the
bond itself conveys the key features of a bond. For example, 7.4% CG Bond 2018 refers to a
Central Government Bond maturing in the year 2018 and paying a coupon of 7.40%.
Coupon Bonds are the bonds which carry coupon rate and the lender is entitled to periodic
interest payments on such bonds.
The market value of a bond is determined by computing the present value of all future cash
flows. The interest rate at which the present value of future cash flows is determined is known
as ‘Yield-To-Maturity’. Where a seller transfers bond, a portion of the sales consideration
payable to him shall be towards the interest accrued from the last coupon date till the date
preceding the date of transfer. As interest arising from bonds is chargeable to tax under the
head ‘income from other sources’, it shall be excluded from the sale consideration while
computing capital gain.
5.2-1. Tax on interest arising from bonds
Interest arising from bonds is taxable under the head ‘Income from other sources’ and
generally taxable at a normal rate as applicable in case of an assessee (see Annexure E for the
tax rates). The assessee is allowed to deduct all expenditures laid out or expended wholly and
exclusively to earn such interest income and the amount of commission or remuneration paid
to a banker or any other person to realise such interest.
However, there are some cases where interest arising from bonds is chargeable to tax at a
concessional rate and no deduction (including deduction under sections 80C to 80U) is
allowed from such interest income. Such provisions are as follows:
Non-resident Interest received from Government or an Indian 20%

or Foreign Co. concern on monies borrowed or debt incurred by such
Government or Indian concern in foreign currency
Non-resident Interest received from notified Infrastructure Debt 5%
or Foreign Co. Fund as referred to in Section 10(47)
Section 115A Non-resident Interest on money borrowed by an Indian company or 5%

or Foreign Co. REITs/InVITs in foreign currency under a loan
agreement or through the issuance of long-term
bonds including (long-term infrastructure bonds) or
through rupee-denominated bonds
Non-resident Interest on rupee-denominated bonds of an Indian 5%

or Foreign Co. company or Government security or Municipal debt
securities
Section 115AC Non-resident Interest on foreign currency convertible bonds 10%

(FCCBs) of an Indian Company or Public Sector
Company (PSU)
Section 115AD Foreign Interest on rupee-denominated bonds of an Indian 5%

Institutional company or Government security or Municipal debt
Investor securities
Section 115AD Foreign Income from any other securities 20%
Institutional
investor
Section 115AD Specified Income from securities 10%

funds (refer
para 11.6-5a)
Section 115E Non-resident Income from specified assets purchased in foreign 20%
Indian currency being debentures issued by an Indian Public
Company or deposits with such company or securities
of Central Government.
Example 1: Mr A, a person resident in India, purchased 1,000 bonds of an Indian Company at

Rs. 100 each on 01-01-2021. The face value, coupon rate and date of maturity of such bonds
are as follows:
Face Value Rs. 100 each

Coupon Rate 7.50% per annum
Date of Maturity 31-12-2026
The interest on bonds is paid half-yearly on June 30 and December 31 every year. Compute
the amount of interest income chargeable to tax in the hands of Mr A for the previous year
2021-22 (Assessment Year 2022-23).
Answer:
As per Section 145 of the Income-tax Act, income in the nature of interest on securities shall
be computed in accordance with the method of accounting regularly employed by the
assessee. Two methods of accounting are allowed under the Income-tax Act, namely, the
mercantile system and cash system. If the assessee follows mercantile system of accounting,
interest on securities is taxable on an accrual basis. If he follows the cash system of
accounting, it is taxable on a receipt basis.
Further, ICDS-IV which deals with revenue recognition provides that interest shall accrue on
the time basis determined by the amount outstanding and the rate applicable.
The amount of interest on bonds chargeable to tax in the hands of Mr A for the Previous Year
2021-22 (Assessment Year 2022-23) shall be as follows:
Particulars Interest Interest chargeable to tax if Taxability arises
received Mr A follows in the previous
Mercantile Cash System year
System
Interest for the period Jan - 1,875 - 2020-21
2021 to March 2021
(received on June 30, 2021)
Interest for the period April, 3,750 1,875 3,750 2021-22
2021 to June, 2021
Interest for the period July, 3,750 3,750 3,750 2021-22
2021 to December, 2021
(received on December 31,
2021)
Interest for the period Jan - 1,875 - 2021-22
2022 to March 2022
Interest for the period April, 3,750 1,875 3,750 2022-23
2022 to June, 2022
5.2-2. Tax on long-term capital gain arising to a resident person from transfer or redemption
of bonds
Where a person earns any profit or gains from transfer or redemption of bonds held as capital
assets, it shall be chargeable to tax under the head capital gain. Taxability of capital gain arising
from the transfer of bonds depends upon the nature of the bond, period of holding thereof
and the status of the assessee.
The period of holding in case of coupon bonds can be explained with the help of the following
table:
Bonds Period of holding to qualify as a long-term

capital asset should be more than
Coupon Bonds listed on a recognized stock 12 months

exchange in India
Coupon Bonds not listed on a recognized 36 months
stock exchange in India
Long-term capital gain arising from the transfer of any capital asset is generally chargeable to
tax at the rate of 20% (plus applicable surcharge and Health and Education cess) and the
assessee is allowed the benefit of indexation while computing the long-term capital gain.
However, in the case of bonds (other than capital indexed bonds issued by the Government
and sovereign gold bonds issued by the Reserve Bank of India), the benefit of indexation is
not allowed while computing the capital gain. Thus, the long-term capital gain arising from
the transfer of bonds (other than capital indexed bonds and sovereign gold bonds) is
chargeable to tax at the rate of 20% without providing the benefit of indexation.
As per section 112 of the Income-tax Act, an assessee has the option to pay tax at the rate of
10% on long-term capital gain arising from listed securities provided the benefit of indexation
is not taken while computing the amount of capital gain. As in the case of bonds, the benefit
of indexation is by default restricted, the long-term capital gain arising from the transfer of
listed coupon bonds shall be taxable at the rate of 10%. As far as taxability of capital indexed
bonds and sovereign gold bond is concerned, if such bonds are listed on any recognized stock
exchange in India then the assessee has the option to pay tax either at the rate of 20% with
indexation or 10% without indexation, as the case may be. Whereas, if such bonds are not
listed then tax shall be payable at the rate of 20% and benefit of indexation shall be allowed
while computing capital gain.
Thus, the tax rates in case of long-term capital gain arising to a resident person from the
transfer of coupon bonds can be explained with the help of the following table:
Bond Tax Rate

Listed Unlisted
Capital Indexed Bonds or 20% with indexation or 10% 20% with indexation
Inflation-Indexed Bonds without indexation
Sovereign Gold Bonds 20% with indexation or 10% 20% with indexation
without indexation
Any other Bond 10% without indexation 20% without indexation
The long-term capital gain in case of transfer of bonds shall be computed as under:
Particulars Rs.
Full value of the consideration (in case of transfer) or Redeemable Value xxx
(in case of redemption)
Less:
e) Cost of acquisition* (xxx)
f) Expenditure incurred wholly and exclusively in connection with transfer (xxx)
g) Exemption under Sections 54 to 54GB (xxx)
* Cost of acquisition shall be taken as indexed cost of acquisition in case of Capital Indexed
Bonds or Sovereign Gold Bonds if the long-term capital gain is chargeable to tax at the rate
of 20%.
Example 2: Mr A purchased 400 listed bonds of ABC Ltd. at Rs. 1,200 each on 01-01-2016. The
face value of the bond is Rs. 1,000. It carries a coupon rate of 7% per annum. The interest on
bonds is paid half-yearly on June 30 and December 31 every year. The bonds are redeemable
on 31-12-2026. However, Mr A sold such bonds on 01-07-2021 at Rs. 2,000 each. Compute
the amount of interest and capital gain chargeable to tax in the hands of Mr X for the financial
year 2021-22. Assume that Mr A follows the mercantile system of accounting.
Answer:
1. Computation of interest on bonds chargeable to tax for the financial year 2021-22.
Particulars Amount
Half yearly interest received on June 30, 2021 (400 * Rs. 1,000 * 14,000
7% * 6/12)
Interest accrued for the month of April 2021 to June 2021 7,000
Interest chargeable to tax for the financial year 2021-22 7,000
2. Computation of capital gain chargeable to tax for the financial year 2021-22
Computation of capital gain

Period of holding (from 01-01-2016 to 30-06-2021) 4.5 years
Nature of capital gain (held for more than 12 months) Long-term capital gain
Full value of consideration (400 bonds * Rs. 2,000) 800,000
Less: Cost of acquisition (400 Bonds * Rs. 1,200) (480,000)
Long-term capital gain 3,20,000
Tax rate on capital gain 10%†
† Long-term capital gain arising from the transfer of bonds is chargeable to tax at the rate
of 10% as bonds are listed on a recognized stock exchange in India. The capital gain shall be
computed without allowing the benefit of indexation as it is not available in case of bonds
(other than capital indexed bonds and sovereign gold bonds).
Example 3: Suppose in the above Example 2, the bonds are unlisted.
Answer:
As unlisted bonds are transferred after holding for a period of more than 36 months, they
shall be treated as long-term capital assets. As per section 112 of the Income-tax Act, an
assessee has the option to pay tax at the rate of 10% on long-term capital gain arising from
listed securities provided the benefit of indexation is not taken while computing the amount
of capital gain. As in case of bonds, the benefit of indexation is by default restricted, the long-
term capital gain arising from the transfer of listed bonds shall be taxable at the rate of 10%.
Whereas, if such bonds are not listed then tax shall be payable at the rate of 20% and benefit
of indexation shall not be allowed while computing capital gain. Thus, the amount of capital
gain shall be the same. However, the tax rate shall be 20% instead of 10%.
5.2-3. Tax on long-term capital gain arising to a non-resident person from transfer or
redemption of bonds
Tax on long-term capital gain arising to a non-resident person from transfer or redemption of
bonds is always taxable at the rate of 10% and no benefit of indexation and foreign currency
fluctuation is allowed in certain cases while computing the capital gain. However, in case of
listed capital gain indexed bonds or sovereign gold bonds, a non-resident person has the
option to pay tax either at the rate of 20% with indexation or 10% without indexation,
whichever is more beneficial for him.
The relevant provisions of the Income-tax Act for taxability of long-term capital gain arising
to a non-resident (including foreign portfolio investors) or foreign company from the transfer
of bonds are summarized in the following table:
Section 115AC Non- Long-term capital gain from transfer of foreign 10% (without
resident currency bonds of an Indian Company or indexation and
Public Sector Company (PSU) foreign exchange
fluctuation
benefit)
Section 115AD Foreign Long-term capital gains arising from the 10% (without
Portfolio transfer of any debt security including rupee- indexation and
Investors denominated bonds* of an Indian company or foreign exchange
(FPIs) or Government security or Municipal debt fluctuation
Specified securities benefit)
fund (see
para 11.6-
5a)
Section 115E Non- Long-term capital gains arising from the 10% (without
resident transfer of Government securities or indexation and
Indian debentures of an Indian Public Company foreign exchange
purchased in foreign currency fluctuation
benefit)
Section 112(1)(c) Non- Long-term capital gain arising from any 10% (without
resident or unlisted security indexation and
foreign foreign exchange
company fluctuation
benefit)
Proviso to Any person Long-term capital gain from bonds that are 10% (without
Section 112 listed on a recognized stock exchange in India indexation
benefit)
Proviso to section Any person Long-term capital gain arising from the 20% with
112 read with transfer of listed Capital Gain Indexed Bonds indexation or 10%
fourth proviso to or Sovereign Gold Bond without
section 48 indexation
* As per the fifth proviso to Section 48, in case of an assessee being a non-resident, any gain arising
on account of appreciation of rupee against a foreign currency, at the time of redemption of the
rupee-denominated bond of an Indian company, shall be ignored for computation of full value of
consideration.
5.2-4. Tax on short-term capital gain from bonds
Short-term capital gain arising from the transfer of bonds is generally taxable at normal rates
as applicable in case of an assessee.
Example 4: Mr A acquired 9% Listed Bond having face value of Rs. 10,000 on April 1, 2021, for
Rs. 10,500. Such a bond provides for quarterly payment of interest. After receiving interest
for the first 2 quarters, that is, the quarter ending on June 30, 2021, and September 30, 2021,
he transferred such bond on November 1, 2021, for Rs. 13,000 inclusive of interest accrued
till the date of transfer.
Compute the amount of interest and capital gain chargeable to tax in hands of Mr A
Answer:
Computation of interest income
Particulars Amount
Interest received for the quarter ending on 30-06-2021 (Rs. 10,000 * 9% * 1/4) 225
[A]
Interest received for the quarter ending on 30-09-2021 (Rs. 10,000 * 9% * 1/4) 225
[B]
Interest accrued till 31-10-2021 (Rs. 10,000 * 9% * 1/12) [C] 75
Total taxable interest income 525
Computation of capital gains
Period of holding (from 01-04-2021 to 31-10-2021) 7 Months
Nature of capital gain (period of holding of less than 12 months) Short term capital gain
Sales consideration [D] 13,000
Interest accrued but not received before the date of sale [E = C] 75
Adjusted sales consideration [F = D – C] 12,925
Less: Cost of Acquisition [G] 10,500
Short term capital gain [H = F - G] 2,425
Tax rate on capital gain Applicable tax rate
5.3 ZERO COUPON BONDS AND DEEP DISCOUNT BONDS
Zero-Coupon Bonds (ZCBs) are also known as Zero Interest Debentures. As the name suggests,
ZCBs do not carry any coupon. Thus, no interest is paid on such bonds. A zero-coupon bond is
issued at a discount to the investors and redeemed at face value at the time of maturity.
Therefore, the difference between the face value of the bond and the issue price is in the
nature of the capital gains.
A Deep Discount Bond (DDB) is a form of ZCB. It is issued at a deep/ steep discount over its
face value. DDBs are being issued by the public financial institutions in India like SIDBI, IDBI,
ICICI and so on.
5.3-1. Tax on long-term capital gain arising on redemption of bonds
Where a person earns any profit or gains on redemption of bonds, it shall be chargeable to tax
under the head capital gains. Profit or gain arising from the transfer of ZCB or DDB is treated
as long-term capital gain if bonds are transferred after holding for a period of more than 12
months.
As per Section 112 of the Income-tax Act, an assessee has the option to pay tax at the rate of
10% on long-term capital gain arising from zero-coupon bonds or deep discount bonds
provided the benefit of indexation is not taken while computing the amount of capital gain. As
in case of bonds, the benefit of indexation is by default restricted, the long-term capital gain
arising from the transfer of zero-coupon bonds or deep discount bonds shall be taxable at the
rate of 10%.
Thus, the tax rates in case of long-term capital gain arising from the transfer of Zero bonds or
deep discount bonds shall be 10% without indexation, whether these bonds are listed or
unlisted.
Example 5: ABC Ltd. allotted 400 Zero Coupon Bonds of face value of Rs. 1,000 each to Mr X
on 01-01-2010. The Bonds were issued to Mr A at a discounted price of Rs. 400 per bond.
Compute the capital gain chargeable in the hands of Mr X if bonds are redeemed on 25-03-
2022.
Answer:

Period of holding (from 01-01-2010 to 24-03-2022) 10+ Years
Nature of capital gain (period of holding is more than 12 months) Long-term capital gain
Full value of consideration (400 bonds * Rs. 1,000) 400,000
Less: Cost of Acquisition (400 Bonds * Rs. 400) 160,000
Long-term capital gain 240,000
† Long-term capital gain arising from the transfer of Zero-Coupon Bonds is chargeable to
tax at 10% whether the bonds are listed or unlisted. Further, the benefit of indexation is
not available while computing the capital gain.
5.3-2. Tax on short-term capital gain from bonds
Short-term capital gain arising from the transfer or redemption of a zero-coupon bond is
generally taxable at normal rates as applicable in case of an assessee.
Example 6: ABC Ltd. allotted 400 Zero Coupon Bonds of face value of Rs. 1,000 each to Mr X
on 01-04-2021. The Bonds were issued to Mr A at a discounted price of Rs. 400 per bond. The
bonds are redeemable in March 2030. However, Mr X transfers such bonds to Mr Y on 25-03-
2022 for Rs. 500 each. Compute the capital gain chargeable in the hands of Mr X.
Answer:

Period of holding (from 01-04-2021 to 24-03-2022) Less than 12 months
Nature of capital gain Short-term capital gain
Full Value of Consideration (400 bonds * Rs. 500) 200,000
Less: Cost of acquisition (400 Bonds * Rs. 400) 160,000
Short-term capital gain 40,000
Tax rate on capital gain Applicable rates†
† Short-term capital gains arising from the transfer of Zero-Coupon Bonds are chargeable
to tax at normal rates as applicable in case of assessee (See Annexure E for the tax rates).
5.4 CONVERTIBLE BONDS

This type of bond allows the bond-holder to convert their bonds into equity shares of the
issuing corporation, on pre-specified terms. At the time of issue of the bond, the indenture
specifies the conversion ratio and the conversion price. The conversion ratio refers to the
number of equity shares, which will be issued in exchange for the bond that is being
converted. The conversion price is the resulting price when the conversion ratio is applied to
the value of the bond, at the time of conversion. Bonds can be fully converted, such that they
are fully redeemed on the date of conversion. Bonds can also be issued as partially convertible
where a part of the bond is redeemed and equity shares are issued in the pre-specified
conversion ratio, and the non-convertible portion continues to remain as a bond.
5.4-1. Taxability
As per Section 2(47) of the Act, ‘transfer’ includes the exchange of assets. When two persons
mutually transfer the ownership of one thing for the ownership of another, but none of the
things is money, the transaction is called an ‘exchange’. Any conversion of Bonds into shares
or any other asset is an “exchange” and should fall within the definition of transfer, and,
consequently, the capital gain tax shall be charged on such transfer.
However, the Income-tax Act has specifically excluded certain types of transfer from the
scope and meaning of the word ‘transfer’ in relation to a capital asset. Consequently, no
capital gain shall arise from such a transfer. These transactions are specified in Section 47 of
the Act and one such transaction is the conversion of bonds into shares or debentures of the
company.
As per Section 47, the following transactions relating to the conversion of securities are not
treated as a transfer:
(a) Conversion of bonds into shares
Where bonds, debentures, debenture-stock or deposit certificate of a company is converted

into shares or debentures of that company in any form, such conversion is not treated as a
transfer.
(b) Conversion of foreign currency exchange bonds
Where Foreign Currency Exchange Bonds (FCEB), issued to non-residents by Indian

companies, are converted into shares of any company, such conversion is not treated as a
transfer. Accordingly, no capital gain shall arise on the conversion of FCEB into shares.
Though conversion of bonds into shares or debentures of the company is not treated as
transfer under Section 47, but when a person subsequently sells such shares or debentures,
the cost of acquisition thereof shall be the same as that of the bonds. Further, the period of
holding of shares or debentures shall be reckoned from the date of acquisition of the bonds.
Example 7: Mr X purchased 400 listed convertible bonds of ABC Ltd. on 01-01-2010 for Rs.
500 each. The bonds are converted into equity share on 01-01-2022 at a conversion ratio of
1:1. As a result, Mr X is allotted 400 shares of ABC Ltd. The fair market value of the share on
the date of conversion is Rs. 850 per share. Mr X sold the shares on 25-03-2022 for Rs. 1,000
per share. Securities Transaction Tax (STT) was paid at the time of transfer of shares. What
shall be the tax implications in the hands of Mr X in this case?
Answer:
The tax implications in the hands of Mr X shall be as follows:
1. Tax implication in case of conversion of bonds into shares of the company on 01-01-2022
As per Section 47 of the Income-tax Act where bonds of a company are converted into shares
of that company, such conversion is not treated as a transfer. Thus, no capital gain shall arise
on the conversion of bonds into shares.
2. Tax implication on the transfer of shares on 25-03-2022
As Mr X got shares of ABC Ltd. in lieu of its bonds, the cost of acquisition of shares shall be the
same as that of the bonds. Further, the period of holding of shares shall be reckoned from the
date of acquisition of the bonds.
Mr X has sold the shares on 25-03-2022. Therefore, the capital gain or loss arising on such
transfer shall be computed in the financial year 2021-22. The computation of capital gain shall
be as follows:
Computation of capital gain on transfer of shares

Nature of capital gain (period of holding more than 12 months) Long-term capital gain
Full value of consideration (400 * Rs. 1,000) 400,000
Less: Cost of acquisition (400 * Rs. 500) (200,000)
Tax rate on capital gain in excess of Rs. 1,00,000 10%†
†As Mr X has paid STT at the time transfer of shares and acquisition is made by mode of
transfer referred to in Section 47, long-term capital gain in excess of Rs. 100,000 shall be
chargeable to tax at the rate of 10% under Section 112A of the Income-tax Act39.
39The concessional tax rate under Section 112A is available in case of transfer of equity shares, if STT is chargeable both at
the time of transfer and at the time of acquisition of shares. However, the CBDT has relaxed this condition of payment of
STT at the time of acquisition in case of acquisition by mode of transfer referred to in Section 47 - Notification No. SO
5054(E) [F.NO. 60/2018 (F.No.370142/9/2017-TPL)], dated 1-10-2018
5.5 TAXATION OF COMMERCIAL PAPERS
Commercial Paper (CP) is an unsecured money market instrument issued in the form of a
promissory note. CP, as a privately placed instrument, was introduced in India in 1990 to
enable highly rated corporate borrowers to diversify their sources of short-term borrowings
and to provide an additional instrument to investors. Subsequently, financial institutions were
also permitted to issue CP to enable them to meet their short-term funding requirements for
their operations. Guidelines for the issue of CP are presently governed by various directives
issued by the Reserve Bank of India (RBI), as amended from time to time.
CP may be issued to and held by individuals, banking companies, corporates, non-corporates,

Non-Resident Indians (NRIs) and Foreign Portfolio Investors (FPIs). However, investment by
FPIs should be within the limits set for their investments by the Securities and Exchange Board
of India (SEBI).
CP can be issued for maturities between a minimum of 7 days and a maximum of up to one
year from the date of issue. Thus, the maturity period of CP cannot exceed 1 year. CPs are
issued at a discount and are actively traded in the OTC market. Therefore, the difference
between the face value and issue price shall be the gain for an investor if CPs are held till
maturity. Whereas, if CPs are transferred before maturity, then the difference between the
consideration received on transfer and acquisition cost of CP shall be the gain or loss.
As far as taxability of commercial paper is concerned, the CBDT has clarified vide Circular No.
647, dated 22-03-1993 that the difference between the issue price and the face value of the
CP is treated as 'discount allowed' and not as 'interest paid'. Thus, the same shall not be
taxable as interest income in the hands of the investor. Hence, the provisions of the Income-
tax Act relating to deduction of tax at source are not applicable in the case of transactions in
CPs.
However, where the income from the commercial paper is arising to a non-resident then tax
shall be deducted as per the provisions of section 195 of the income-tax Act. Section 195
requires every person to deduct tax if any sum paid or payable to a non-resident person is
chargeable to tax in India. The tax in respect of income arising from commercial papers shall
be deducted at the rate of 30% if the payee is a non-resident not being a foreign company
and at 40% if the payee is a foreign company.
The difference between the face value and the issue price of a commercial paper shall be
taxable under the head capital gains. As commercial papers are always issued with a maturity
period of 1 year or less, any gain arising on transfer/redemption of commercial papers shall
always give rise to short-term capital gain. The capital gain shall be taxable as per applicable
tax rates in case of a resident person, non-resident person and a foreign company. However,
in case of an FPI and Specified fund (see para 11.6-5a), the short-term capital gains will be
taxable at the flat rate of 30% under Section 115AD.
Example 8: XYZ Ltd. issued commercial papers having face value of Rs. 50 lakhs to Mr A for Rs.
47 lakhs on 01-07-2021. The commercial papers are redeemable at face value on 31-03-2022.
Discuss the tax implication in hands of Mr A if he holds such commercial papers till maturity.
Answer:
CPs are issued at a discount. Therefore, the difference between the face value and issue price
shall be the gain for an investor if CPs are held till maturity.
In the given example, commercial papers of face value of Rs. 50 lakhs are issued to Mr A for
Rs. 47 lakhs. Therefore, the difference between the face value and issue price (i.e., Rs.
3,00,000) shall be taxable in the hands of Mr A as short-term capital gain.
5.6 TAXATION OF GOVERNMENT SECURITIES

A Government Security (G-Sec) is a tradable instrument issued by the Central Government or
the State Governments. It acknowledges the Government’s debt obligation. Securities that
are issued for short term (i.e., with a maturity of less than 1 year) are usually called as treasury
bills or cash management bills. Whereas, long term securities (i.e., Government securities
with a maturity of 1 year or more) are called as Government bonds or dated securities. In
India, the Central Government issues both, treasury bills and bonds or dated securities while
the State Governments issue only bonds or dated securities, which are called as State
Development Loans (SDLs).
G-Secs are considered as the safest investment instrument as they carry Sovereign’s
commitment for payment of interest and repayment of principal. They carry practically no
risk of default and, therefore, they are also called as risk-free gilt-edged securities. Investors
have the option to hold G-Secs in a dematerialized account with a depository (NSDL/CDSL,
etc.). This facilitates the trading of G-Secs on the stock exchanges. Thus, G-Secs can be sold
easily in the secondary market to meet cash requirements.
5.6-1. Types of government securities
G-Secs are available in a wide range of maturities ranging from less than 91 days to as long as
40 years to suit the duration of varied liability structure of various institutions. Depending
upon the maturity period, G-Secs are classified into the following types:
a) Cash Management Bills

Cash Management Bills (‘CMBs’) are issued for a very short period usually less than 91 days.
These are highly flexible bills and are issued as per the cash requirements of the Government.
CMBs are issued at a discounted price to their investors and are redeemed at the face value.
b) Treasury Bills
Treasury Bills (T-Bills) are the short-term debt instruments that are issued at a discounted
price by the Government of India. These bills are issued in 3 tenors, namely, 91 days or 182
days or 364 days. The maturity period of T-Bills does not exceed 1 year.
These bills do not offer any interest to its investors. The return on a T-Bill is the difference
between the issue price and the redemption value being the face value.
c) Dated Government Securities (Dated G-Secs)
Dated G-Secs are the type of bonds issued by the RBI on behalf of the government which carry
a fixed or floating coupon (interest rate) which is paid on the face value, on a half-yearly basis.
Generally, the tenor of dated securities ranges from 5 years to 40 years.
d) State Development Loans
State Governments also raise loans from the market which are called as State Development
Loans (SDLs). Like Dated G-secs, interest on SDLs is serviced at half-yearly intervals and the
principal is repaid on the maturity date.
5.6-2. Taxability of Cash Management Bills and T-bills
Cash Management Bills and Treasury Bills (T-Bills) are issued for a maturity period of less than
1 year, and they do not offer any interest to the investor. The income of a person investing in
such instruments is the difference between the issue price and the face value. Profit arising
on redemption or transfer of these bills shall be considered as a short-term capital gain which
shall be chargeable to tax at the rates applicable in case of an assessee.
5.6-3. Taxability of Dated G-Secs and SDLs
Dated Government securities (Dated G-Secs) and State Development Loans (SDLs) are issued
in the form of bonds by Central Government and State Governments, respectively. The
taxability of these securities shall be the same as in case of bonds (see Para 5.2 for taxation
in case of bonds).
No tax is required to be deducted under section 193 from the payment of interest to a
resident person in respect of securities of Central Government or State Government except
in case of 8% Savings (Taxable) Bonds, 2003 and 7.75% Savings (Taxable) Bonds, 2018. Further,
tax on interest paid in respect of 8% Savings (Taxable) Bonds, 2003 and 7.75% Savings
(Taxable) Bonds, 2018 is required to be deducted by the payer only when the amount of
interest paid during the year exceeds Rs. 10,000.
Example 9: XYZ Bank invested Rs. 50 lakhs in Dated G-Secs on 01-01-2015. The bonds are not
listed on any recognized stock exchange in India. The details regarding face value, issue price,
coupon rate, date of maturity and number of bonds issued are as follows:
Face Value Rs. 100 each

Issue price Rs. 125 each
No. of Bonds issued 40,000
Coupon Rate 7.50% per annum
Date of Maturity 31-12-2025
The interest on bonds is paid half-yearly on June 30 and December 31 every year. The Bank
transferred such bonds on 01-01-2022 at Rs. 150 each. Compute the amount of interest
income and capital gain chargeable to tax in the hands of XYZ Bank for the financial year 2021-
22.
Answer:
1. Computation of interest on Dated G-Secs chargeable to tax for the financial year 2021-22.
Particulars Amount
Interest accrued for the month of April, 2021 to Dec, 2021 (40,000 225,000
* Rs. 100 * 7.50%* 9/12)
Interest chargeable to tax for the financial year 2021-22 225,000
2. Computation of capital gain chargeable to tax for the financial year 2021-22.

Period of holding (from 01-01-2015 to 31-12-2021) 7 Years
Nature of capital gain (holding period is more than 36 months) Long-term capital gain
Full Value of Consideration (40,000 bonds * Rs. 150 each) 60,00,000
Less: Cost of Acquisition (40,000 Bonds * Rs. 125) 50,00,000
† Long-term capital gain arising from the transfer of bonds is chargeable to tax at 20% if the
bonds are not listed on a recognized stock exchange in India. Further, benefit of indexation
is not allowed while computing capital gain.
5.7 TAX FREE BONDS
As the name suggests, tax-free bonds are the bonds that provide tax-free income. The interest
paid on these bonds is tax-free in the hand of the investor. Section 10 of the Income-tax Act
provides various exemptions for the income earned from bonds issued by various
organizations (see Para 4.3-4. for list of tax-free bonds).
However, the capital gains arising on transfer or redemption of tax-free bonds shall be
chargeable to tax. The taxability of such capital gains is the same as in the case of Coupon
Bonds (See para 5.2-2 to 5.2-4).
Example 10: Mr X is issued 5,000 tax-free bonds of NABARD at the rate of Rs. 120 each in year
00. The bonds are listed on a recognized stock exchange in India and carrying an interest rate
of 5% per annum. The bonds are redeemable in Year 02 at the rate of Rs. 150 each. Discuss
the tax implications.
Answer
1. Interest on bonds
Interest on tax-free bonds is exempt under section 10 of the Income-tax Act. Thus, no tax shall
be payable by Mr X on interest income.
2. Capital gain arising on redemption of bonds
Capital gain arising on redemption of bonds shall be computed as follows:
Particulars Rs.
Full value of consideration (Rs. 150 * 5000) 750,000
Less:
Cost of acquisition (Rs. 120 * 5000) (600,000)

Tax rate 10%*
Note: As bonds are listed on a stock exchange and the period of holding is more than 12
months, the resultant long term capital gain shall be chargeable to tax at the rate of 10%
without providing the benefit of indexation.
5.8 TAXATION OF MUTUAL FUNDS
Mutual Funds are the funds which collect money from the investor and invest the same in the
capital market. Mutual Funds invest in a variety of instruments such as equity, debt, bonds,
etc.
5.8-1. Types of Mutual Funds
Mutual funds are classified into the following categories based on their investment portfolios:
a) Equity Oriented Funds
These funds invest majorly in shares of companies. They allow investors to participate in the
equity market. Though categorised as high risk, these schemes also have a high return
potential in the long run (see Para 6.7-2 for Taxation of Mutual Funds)
b) Debt Oriented Funds
These funds invest in debt securities, or interest-bearing instruments like government

securities, bonds, debentures, etc. These funds provide low return but are considered as safe
for investment as compared to equity funds.
c) Money Market Funds or Liquid Funds
These funds invest in liquid instruments such as Treasury Bills and Commercial Papers, etc.
having high liquidity. These funds are suitable for conservative investors who want to invest
their surplus funds over a short-term for a reasonable return.
d) Balanced or Hybrid Funds
These funds invest in all kinds of assets, that is, equity, debt and money market instruments.
Some funds invest their major portion into the equity and the lesser in the debts whereas
some opt for the other way around based on their needs for return and risk appetite.
5.8-2. Tax on income from mutual funds
Mutual Funds provide earnings in two forms - Capital Gains and Dividends. The profit arising
from redemption or on sale of units of the mutual fund is referred to as capital gains.
The tax treatment of income from mutual fund depends on the type of fund, that is, ‘Equity-
Oriented Mutual Funds’ or ‘Debt Oriented Mutual Funds’. In this chapter, we have discussed
the taxation of Debt Oriented Mutual Funds (see Para 6.7-2 for Taxation of Equity Oriented
Mutual Funds).
5.8-3. Tax on dividend from Debt Oriented Mutual Funds
Dividend received by a resident unit-holder from a mutual fund shall be taxable in his hands
as per applicable tax rates (see Annexure E for the Tax Rates). An investor is allowed to claim
a deduction of interest expenditure incurred to earn that dividend income to the extent of
20% of the total dividend income. No further deduction shall be allowed for any other
expenses including commission or remuneration paid to a banker or any other person to
realise such dividend.
Where the dividend is received by a non-resident person, foreign company, FPI, Offshore fund
or specified fund, the dividend shall taxable at concessional rates. However, in such cases, the
assessee shall not be allowed to deduct any expenditure from such income. Further,
deduction under Chapter VIA (i.e., section 80C to 80U) shall not be allowed from such income.
The relevant provisions of the Act which provides for the concessional tax rate are as follows:
Section Assessee Income Tax Rate

115A Non-resident Dividend 20%
or Foreign
Company
115AB Offshore fund Dividend from units of a mutual fund purchased 10%
in foreign currency
115AD FPIs Dividend income from any security (other than 20%
units referred to in Section 115AB)
115AD Specified Fund Dividend income from any security (other than 10%
Example 11: Mr A (resident in India) invested Rs. 50 lakhs in debt-oriented mutual funds. He
received a dividend of Rs. 500,000 in respect of such units. He paid an interest of Rs. 150,000
on the amount borrowed for investing in mutual funds. Determine the taxability of dividend
in the hands of Mr A. Whether taxability will remain the same if Mr A is a non-resident in
India.
Answer:
The amount of dividend income taxable in the hands of Mr A shall be as follows:
Particulars Amount (in Rs.)

Amount received as dividend [A] 500,000
Expenses incurred for realising dividend [B] 150,000
Maximum amount which can be claimed as expenses [C = A * 20%] 100,000
Taxable dividend income [D = A - C] 400,000
Since Mr A is resident in India, dividend income will be taxable in his hands at the normal tax
rates. However, if he is non-resident in India then he would not be allowed to claim a
deduction for expenses and entire dividend income of Rs. 500,000 shall be taxable at the rate
of 20% (subject to the provisions of DTAA).
5.8-4. Tax on Long-term capital gains from Debt Oriented Mutual Funds
The difference, between the value at which an investor purchased the units of a mutual fund
scheme and the value at which these units are sold or redeemed, shall be taxable under the
head capital gains. Units of a Debt Oriented Mutual Fund (whether listed or unlisted) are
treated as long-term capital asset if they are held for more than 36 months immediately
preceding the date of transfer.
Long-term capital gain arising from the transfer of debt-oriented mutual funds is chargeable
to tax at the rate of 20%. Further, capital gain shall be computed after taking the benefit of
indexation. However, in the following cases, the tax shall be charged at the rate of 10% without
providing the benefit of indexation:
Section Assessee Circumstances

112(1)(c) Non-resident or If units are not listed on a recognised stock exchange in India
foreign company
115AB Offshore fund If units are purchased in foreign currency
115AD FPIs or Specified If units are purchased in Indian currency
Funds
5.8-5. Tax on the short-term capital gain from Debt Oriented Mutual Fund
Short-term capital gains arising from the sale of units of debt-oriented mutual funds is
chargeable to tax as per the rate applicable in case of an assessee.
Example 12: Mr A acquired 1,000 units of a debt-oriented mutual fund at Rs. 150 per unit on
01-01-2017. He sold such units on 15-03-2021 at Rs. 300 per unit. Compute the amount of
capital gain chargeable to tax in hands of Mr A.
Answer:

Full Value of Consideration (1,000 units * Rs. 300) 300,000
Less: Indexed Cost of Acquisition [Note] (171,022)
Tax rate on capital gain 20%
Note: The Indexed cost of acquisition is calculated in two steps. The first step is to calculate
the cost of acquisition of capital asset. In the second step, such cost of acquisition is multiplied
by the CII of the year in which capital asset is transferred and divided by CII of the year in
which asset is acquired.
CII of the year in which asset is

transferred
Indexed Cost of
= Cost of Acquisition x CII of the year in which asset is first
Acquisition
held by assessee or CII of 2001-02,
whichever is later
The indexed cost of acquisition shall be Rs. 171,022 [150,000 * 301/264].
5.9 MASALA BONDS
Rupee Denominated Bonds or Masala Bonds are an innovative type of bonds, which are linked
to Rupee but issued to overseas investors. Masala Bonds were first issued by the International
Finance Corporation (IFC) in London to increase foreign investment in India. IFC is a member
of the World Bank which invests in sustainable private enterprises in developing countries.
IFC named the Bond as ‘Masala’ to reflect the spiciness and culture of India.
As Masala bond is issued and denominated in Indian currency, it protects Indian Company from
currency risk and instead transfers the risk of currency fluctuation to investors buying these
bonds. The detailed guidelines for issuance of Rupee Denominated Bonds overseas are set out
in the RBI’s Circular No. 17, Dated 29-09-2015 as amended from time to time. As per RBI
Guidelines, any corporate or body corporate is eligible to issue Rupee Denominated Bonds
overseas. Real Estate Investment Trusts (REITs), Infrastructure Investment Trusts (InvITs) and
Banks are also eligible to issue RDBs.
The RDBs borrowing procedure pursues the same guidelines as the corporate follows to issue
External Commercial Borrowings (ECBs). The corporate needs RBI permission to avail masala
bonds if they issue ECBs under the approval route, whereas under the automatic route of ECBs
issue, RBI approval is not needed. The payments of coupon and redemptions are settled in
foreign currency. The amount to be issued, the average maturity period and end-use of the
proceeds from the Masala Bond are made as per RBI’s guidelines on ECBs.
5.9-1. Tax on interest arising from Masala Bonds
In general, taxability of interest on Masala bonds is the same as in case of coupon bonds (Refer
para 5.2-1.)
However, there are some cases where interest arising from bonds is chargeable to tax at a
concessional rate and the assessee is not allowed to deduct any expenditure incurred to earn
such interest income. Further, no deduction under sections 80C to 80U is allowed from such
interest income. Such provisions are as follows:
Section 115A Non-resident or Interest payable in respect of rupee-denominated 5%

Foreign Co. bonds issued by an Indian company or REITs/InVITs.
However, if interest is payable in respect of bonds
issued during the period beginning from the 17th day
of September 2018 and ending on the 31st day of
March 2019, same shall be exempt from tax as per
section 10(4C) of the Income-tax Act.
Section 115A Non-resident or Interest payable in respect of rupee-denominated 4%

Foreign Co. bonds listed only on a recognised stock exchange
located in any International Financial Services Centre,
issued during the specified period by an Indian
company or REITs/InVITs
Section 115AD Foreign Interest payable in respect of rupee-denominated 5%

Portfolio bonds issued by an Indian company
Investor (FPI)
Section 115AD Specified funds Interest payable in respect of rupee-denominated 10%

(see para 11.6- bonds issued by an Indian company
5a) (FPI)
5.9-2. Tax on long-term capital gain arising from transfer or redemption of masala bonds
In general taxability of long-term capital gains arising from the transfer of Masala bonds is the
same as coupon bonds (refer para 5.2-2)
However, fifth proviso to Section 48 provides that any gain arising to a non-resident, on
account of appreciation of rupee against a foreign currency at the time of redemption of the
rupee-denominated bond of an Indian company, it shall be ignored while making
computation of full value of consideration.
5.9-3. Tax on short-term capital gain from masala bonds
Short-term capital gain arising from the transfer of bonds is generally taxable at normal rates
as applicable in case of an assessee.
5.9-4. Transactions not regarded as transfer
5.9-4a Transfer of Rupee Denominated Bond
Any transfer of Rupee-Denominated Bond of an Indian company by a non-resident to another

non-resident outside India is not treated as a transfer.
5.9-4b Transfer through Stock Exchange located in IFSC
Any transfer of Rupee Denominated Bond of an Indian company by a non-resident on a

recognised stock exchange located in any International Financial Services Centre is not
treated as transfer provided the consideration is paid or payable in foreign currency. It is to
be noted that this provision shall apply even if the transfer is not amongst non-residents.
Where a non-resident instead of investing directly, invest in aforesaid securities through

Category-III Alternative Investment Fund (AIF), no tax benefit was available under the Income-
tax Act. To make this investment tax-neutral for non-residents even when they invest
indirectly through AIF, a new section 10(4D) has been inserted under the Income-tax Act by
Finance (No. 2) Act, 2019 to provide tax exemption to Category-III AIFs in respect of capital
gain arising from the transfer of such securities to the extent gains arise in respect of units in
the fund held by a non-resident. However, the exemption under section 10(4D) is provided
only when Category-III AIFs is located in IFSC and all the units of the fund are held by non-
residents (except units held by sponsor or manager). This condition is relaxed from
Assessment Year 2023-24 to provide that if the non-resident unitholder(s) becomes resident
or deemed to be resident in India in any previous year subsequent to the year in which units
were issued to him, the exemption shall continue to be available to specified fund provided
such unitholders do not hold more than 5% of the total units issued by the specified fund.
Further, this benefit shall be available subject to the fulfilment of other conditions as
prescribed under section 10(4D) [see Chapter 11 for detailed discussion]. The transfer of
securities should be done through stock exchange located in IFSC and consideration for such
transfer should be paid or payable in convertible foreign currency.
From Assessment Year 2022-23, the exemption under Section 10(4D) is available to the
investment division of offshore banking unit as well (see Chapter 11 for detailed discussion).
5.10 FOREIGN CURRENCY CONVERTIBLE BONDS
A Foreign Currency Convertible Bond (FCCB) is a quasi-debt instrument which is issued by any
corporate entity, international agency or sovereign state to investors all over the world. They
are denominated in any freely convertible foreign currency.
FCCBs represent equity-linked debt security which can be converted into shares or depository
receipts. The investors of FCCBs have an option to convert it into equity normally in
accordance with pre-determined formula and sometimes also at a pre-determined exchange
rate. The investor also has the option to retain the bond. The FCCBs, due to their convertibility
nature, offers a privilege to the issuer of lower interest cost than that of the similar non-
convertible debt instrument. Like GDRs, FCCBs are also freely tradable and the issuer has no
control over the transfer mechanism and cannot be even aware of the ultimate beneficiary.
FCCBs are considered as an approved instrument of accessing external commercial

borrowings (ECBs). Thus, the terms and conditions normally applicable to ECBs are also
applicable to convertible bonds.
5.10-1. Tax on interest arising from FCCBs
Taxability of interest on Foreign currency convertible bonds is the same as in case of coupon
bonds (See para 5.2-1.).
However, interest arising to a non-resident on foreign currency convertible bonds issued by

an Indian Company or Public sector company (PSU) shall be taxable at a concessional rate of
10% as per section 115AC of the Income-tax Act. In such a case, the assessee is not allowed
to deduct any expenditure incurred to earn such interest income. Further, no deduction
(including deduction under sections 80C to 80U) is allowed from such interest income.
5.10-2. Taxability on conversion of bonds into shares or debentures of the company
Where the investor converts FCCBs into shares of the company, the taxability shall be the
same as in case of conversion of convertible bonds (refer para 5.4-1.).
5.10-3. Tax on Capital gains arising from transfer of FCCBs
Taxability of capital gains arising from the transfer of Foreign currency convertible bonds is
the same as in case of coupon bonds (see para 5.2-2 to 5.2-4).
However, the long-term capital gain arising to a non-resident on transfer of foreign currency
convertible bonds issued by an Indian Company or Public sector company (PSU) shall be
taxable at the rate of 10% as per section 115AC of the Income-tax Act.
5.10-4. Transactions not regarded as transfer
5.10-4a Transfer of foreign currency convertible bonds (FCCBs)
Any transfer of foreign currency convertible bonds (FCCBs) of an Indian company or Public
sector company (PSU) by a non-resident to another non-resident outside India is not treated
as transfer, provided the Bonds were purchased in foreign currency under a scheme approved
by the Central Government.
5.10-4b Transfer through Stock Exchange located in IFSC
Any transfer of foreign currency convertible bonds (FCCBs) by a non-resident on a recognised

stock exchange located in any International Financial Services Centre is not treated as a
transfer provided the consideration is paid or payable in foreign currency. It is to be noted
that this provision shall apply even if the transfer is not amongst non-residents.
Where a non-resident instead of investing directly, invest in aforesaid securities through

Category-III Alternative Investment Fund (AIF), no tax benefit was available under the Income-
tax Act. To make this investment tax-neutral for non-residents even when they invest
indirectly through AIF, a new section 10(4D) has been inserted under the Income-tax Act by
Finance (No. 2) Act, 2019 to provide tax exemption to Category-III AIFs in respect of capital
gain arising from the transfer of such securities to the extent gains arise in respect of units in
the fund held by a non-resident. However, the exemption under section 10(4D) is provided
only when Category-III AIFs is located in IFSC and all the units of the fund are held by non-
residents (except units held by sponsor or manager). This condition is relaxed from
Assessment Year 2023-24 to provide that if the non-resident unitholder(s) becomes resident
or deemed to be resident in India in any previous year subsequent to the year in which units
were issued to him, the exemption shall continue to be available to specified fund provided
such unitholders do not hold more than 5% of the total units issued by the specified fund.
Further, this benefit shall be available subject to the fulfilment of other conditions as
prescribed under section 10(4D) [see Chapter 11 for detailed discussion]. The transfer of
securities should be done through stock exchange located in IFSC and consideration for such
transfer should be paid or payable in convertible foreign currency.
From Assessment Year 2022-23, exemption under section 10(4D) is available to the
investment division of offshore banking unit as well (please refer chapter 11 for detailed
discussion)
Example 13: Mr A (a non-resident) acquired 5,000 foreign currency convertible bonds (FCCBs)
of ABC Ltd. at the rate of Rs. 1,000 each on 01-01-2015. The bonds are listed on IFSC stock
exchange and are convertible into shares of ABC Ltd. at a conversion ratio of 50:1 (50 shares
in lieu of 1 Bond) on 01-01-2022. Mr X exercised the option to convert 1,000 FCCBs into
shares. The market value of shares on the date of conversion is Rs. 25 per share. Determine
the taxability if Mr A did the following transactions:
a) 50,000 shares received in exchange for bonds were transferred on 15-02-2022 for Rs. 30
each. The shares were listed on a recognized stock exchange in India and STT was paid at
the time of transfer.
b) 2,000 bonds were transferred at Rs. 1,200 each through IFSC stock exchange on 31-07-
2020.
c) 1,000 bonds were transferred to another non-resident outside India on 01-02-2022.
d) 1,000 bonds were transferred to Mr B, a person resident in India, on 31-03-2022 for Rs.
1,500 each. This transaction was not made through the stock exchange.
Answer:
The tax implications of various transactions made by Mr A shall be as follows:
1. Conversion of FCCBs into shares on 01-01-2022
When Foreign Currency Exchange Bonds (FCEB), issued to non-residents by established Indian
companies, are converted into shares of any company, such conversion is not treated as a
transfer. Accordingly, no capital gain shall arise on the conversion of FCEB into shares.
2. Sale of shares allotted in lieu of bonds
As Mr A got shares of ABC Ltd. in lieu of FCCBs, the cost of acquisition of shares shall be the
same as that of the bonds. Further, the period of holding of shares shall be reckoned from the
date of acquisition of the bonds.
The computation of capital gain shall be as follows:

Sale Price (50,000 shares * Rs. 30) 15,00,000
Less: Cost of acquisition (1,000 Bonds * Rs. 1,000) (10,00,000)
Tax rate on capital gain in excess of Rs. 1,00,000 10%†
† As per Section 112A of the Income-tax Act, the long-term capital gain in excess of Rs.
100,000 shall be chargeable to tax at the rate of 10%.
3. Transfer of bonds through IFSC stock exchange
Any transfer of foreign currency convertible bonds (FCCBs) by a non-resident on a recognised

stock exchange located in any International Financial Services Centre is not treated as transfer
provided the consideration is paid or payable in foreign currency. Thus, no capital gain shall
arise in this case.
4. Transfer of bonds to a non-resident outside India
Any transfer of foreign currency convertible bonds (FCCBs) of an Indian company by a non-
resident to another non-resident outside India is not treated as transfer, provided the Bonds
were purchased in foreign currency under a scheme approved by the Central Government.
Thus, no capital gain shall arise in this case also.
5. Over-the-counter transfer of bonds to Mr B
As the bonds were transferred to Mr B, a person resident in India, and transaction was not
made through stock exchange located in IFSC. The capital gain arising on the transfer of bonds
shall be chargeable to tax in the hands of Mr A.
The computation of capital gain shall be as follows:
Computation of capital gain on transfer of bonds

Nature of capital gain (Period of holding is more than 12 months) Long-term capital gain
Sale Price (1,000 Bonds * Rs. 1,500) 15,00,000
Less: Cost of Acquisition (1,000 Bonds * Rs. 1,000) 10,00,000
†Long-term capital gain shall be chargeable to tax at the rate of 10% as per section 115AC
of the Income-tax Act, 1961.
5.11 TAXATION OF FINANCIAL SECURITIES
5.11-1. Pass-Through Certificates or Securitised Debt Instruments
Pass-Through Certificates (also known as ‘Securitised Debt Instruments’) are debt securities
which are created from a select pool of assets, mainly, debt or receivables of an enterprise. It
includes a complex process where a large number of loans given by an enterprise is pooled
together and proceeds arising therefrom are transferred to the holder of securitized debt
instruments.
The process begins with the entity that holds the assets, i.e., the originator. It sells its assets
being debt or receivables to a legal entity called ‘Special Purpose Vehicle (SPV)’. After
acquiring the debt or receivables of the originator, SPV issues securities that are backed by
such debt or receivables. The proceeds from the underlying debt or receivables are
transferred by SPV to the security holder. SPV works as a pass-through entity which transfers
the income from debt or receivable of the originator to its security holders, the securities
issued by the SPV is called Pass-Through Certificates. Where debt or receivables acquired by
the SPV from the originator are secured by the mortgage, securities issued by SPV are called
‘Mortgage-Backed Securities’ or ‘Asset-Backed Securities’.
For example, housing loans of a loan originator (say, a housing finance company) can be
pooled, and securities can be created, which represent a claim of the security holder on the
repayments made by home loan borrowers.
Securitised Debt Instruments are included in the definition of ‘Securities’ as defined under
section 2(h) of the Securities Contracts (Regulation) Act, 1956. The public offer and listing of
these instruments are regulated by SEBI through the SEBI (Issue and Listing of Securitised
Debt Instruments and Security Receipts) Regulations, 2008. Various terms which are
important to understand the process of issuance of Securitised Debt Instruments are defined
in the said regulations as follows:
a) Originator
‘Originator’ means the assignor of debt or receivables to a special purpose distinct entity for
the purpose of securitization.
b) Asset pool
‘Asset Pool’, in relation to a scheme of a special purpose distinct entity, means the total debt
or receivables, assigned to such entity and in which investors of such scheme have a beneficial
interest.
c) Securitisation
‘Securitisation’ means the acquisition of debt or receivables by any special purpose distinct
entity from any originator or originators for issuance of securitised debt instruments to
investors based on such debt or receivables and such issuance.
d) Special Purpose Distinct Entity (SPV)
‘Special Purpose Distinct Entity’ means a trust which acquires debt or receivables out of funds
mobilized by it by the issuance of securitised debt instruments through one or more schemes,
and includes any trust set up by the National Housing Bank under the National Housing Bank
Act, 1987 or by the National Bank for Agriculture and Rural Development (NABARD) under
the National Bank for Agriculture and Rural Development Act, 1981.
e) Investor
Investor shall mean:
(a) With respect to “securities debt instrument” means any person holding any
securitised debt instrument which acknowledges the interest of such person in the debt or
receivables assigned to the special purpose distinct entity; and
(b) With respect to “security receipts” means a qualified buyer holding security
receipts that acknowledge the interest in the financial asset assigned to the issuer.
5.11-2. Security Receipts
‘Security Receipt’ is defined under clause (zg) of section 2 Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It means a
receipt or other security issued by Asset Reconstruction Company to any Qualified Buyer
pursuant to a scheme, evidencing the purchase or acquisition by the holder thereof, of an
undivided right, title or interest in the financial asset involved in securitization.
Before understanding the security receipt, it is important to understand the Asset

Reconstruction Companies (ARCs) and the concept of securitization.
ARCs are created to manage and recover Non-performing Assets (NPAs) of Banks and
Financial Institutions. Essentially, ARC functions as a specialized financial entity that isolates
NPAs from the balance sheets of Bank/financial institutions and facilitates the latter to
concentrate on normal banking activities. Banks and financial institutions sell a large
proportion of their bad loans or NPAs to ARCs. Then ARCs recover NPAs or bad loans through
attachment, liquidation, etc. ARCs are expected to make profits by buying NPAs at a lower
price. ARC can acquire the NPAs or bad loans of financial institutions or banks on their own
account or through the issuance of Security Receipts (SRs) to Qualified Institutional Buyers.
This whole process is called ‘securitisation’ whereby loans of banks and financial institutions
are converted into marketable securities through the issuance of security receipts.
SARFAESI Act provides a legal framework for the securitization of financial assets and asset
reconstruction. The Asset Reconstruction Companies are regulated by the RBI. The security
receipts issued by ARCs are included in the definition of ‘securities’ as defined under section
2(h) of the Securities Contracts (Regulation) Act, 1956. Further, the public offer and listing of
security receipts are regulated by SEBI through the SEBI (Issue and Listing of Securitised Debt
Instruments and Security Receipts) Regulations, 2008.
Various terms which are important to understand in the context of security receipt are
defined in the SARFAESI Act as follows:
a) Asset Reconstruction
‘Asset Reconstruction’ means the acquisition by any asset reconstruction company of any
right or interest of any bank or financial institution in any financial assistance for the
realisation of such financial assistance.
b) Originator
‘Originator’ means the owner of a financial asset which is acquired by an asset reconstruction
company for securitisation or asset reconstruction.
c) Asset Reconstruction Company
‘Asset Reconstruction Company’ means a company registered with Reserve Bank under
section 3 of the SARFAESI Act to carry the business of asset reconstruction or securitisation
or both
d) Securitisation
‘Securitisation’ means the acquisition of financial assets by any asset reconstruction

company from any originator, whether by raising funds by such asset reconstruction company
from qualified buyers by the issue of security receipts representing an undivided interest in
such financial assets or otherwise.
e) Qualified Buyer
‘Qualified Buyer’ means a financial institution, insurance company, bank, state financial
corporation, state industrial development corporation, trustee or asset reconstruction
company which has been granted a certificate of registration under section 3(4) or any asset
management company investing on behalf of a mutual fund or a foreign institutional investor
registered with SEBI or any category of non-institutional investors as may be specified by RBI
or any other body corporate as may be specified by the SEBI.
5.11-3. Taxation of Financial Securities
Taxability of Securitized Debt Instruments and Security Receipts is governed by Section

115TCA read with Section 10(23DA) of the Income-tax Act whereby pass-through status has
been provided to securitization trusts, that is, SPVs or trusts set up by ARCs. Thus, income
arising from securitization trust is exempt from tax under Section 10(23DA). Whereas, income
accrued or received from the securitisation trust from the activity of securitization shall be
taxable in the hands of the investor under section 115TCA in the same manner and to the
same extent as if the investment in underlying assets (i.e., debts or receivables of the
originator entity) been made directly by him and not through the securitization trust.
The income accruing or arising to, or received by, the securitisation trust, during a previous
year, if not paid or credited to the investor thereof, shall be deemed to have been credited to
the account of the investors on the last day of the previous year in the same proportion in
which investors would have been entitled to receive the income had it been paid in the
previous year. Thus, in simple words, the securitization trust is deemed to have distributed
the entire income earned during a previous year to its investors.
CBDT vide Notification no. 46/2016, dated 17-06-2016 notified that no deduction of tax shall
be made on payments to a securitisation trust, which are in nature as specified under section
10(23DA) of the Income-tax Act, i.e., income from the activity of securitisation.
Further, it is the liability of the securitisation trust to deduct tax while distributing the income
to its investors. The tax is required to be deducted under section 194LBC of the Income-tax
Act at the following rates:
a) where an investor is a resident in India
The tax shall be deducted at the rate of 25% from the income distributed to an individual or
HUF. If the recipient is any other person, the tax shall be deducted at the rate of 30%. These
rates shall not be further increased by Surcharge and Health & Education Cess.
b) where an investor is a non-resident or a foreign company
The tax shall be deductible at the rate provided under Part II of First Schedule of Finance Act
of the relevant year if the recipient is a foreign company or non-resident. The rate of tax shall
be increased by the applicable surcharge and health & education cess.
Furthermore, when securitization trust distributes any income to its investors, it shall be
required to furnish a statement to the investors as well as to the Income-tax department
giving the details of the nature of the income paid during the previous year to investors.
The statement shall be required to be furnished to the investors in Form No. 64F by the 30 th
June of the financial year following the previous year during which the income is distributed.
The statement shall be required to be furnished to the Income-tax department in Form No.
64E by the 30th November of the financial year following the previous year during which the
income is distributed.
Example 14: A securitisation trust has derived following income from securitisation activity
during the year:
Nature of income Amount (in lakhs)

Income under the head profit and gains from business and profession 50
Income under the head capital gains 25
Income from other sources 10
One of its investors A Ltd. holds 40% share in it. During the year, such securitisation has
credited the entire income to the accounts of its investors except for income in the nature of
other sources worth Rs. 5 lakhs. Determine the taxable income both in the hands of
securitisation trust and A Ltd.
Answer:
Taxability in the hands of Securitisation Trust
No taxability will arise in the hands of securitisation trust as it enjoys pass-through status by
virtue of section 115TCA and its income is exempt under section 10(23DA). However, it is
required to deduct tax at source in accordance with the provision of Section 194LBC.
Taxability in the hands of A Ltd
Nature of income Amount (in

lakhs)
Income credited by the securitisation trust:
Total income credited [A] 32
Income deemed to be credited [B = 5 * 40%] 2
Total Income [C = A + B] 34
Review Questions:
1. Which methods of accounting are allowed in the Income-tax Act?
(a) Mercantile system
(b) Cash system
(c) Either mercantile or cash system whichever is followed regularly
2. Which of the following are the key features of a bond?

(a) Maturity (Tenure)
(b) Interest (Coupon)
(c) Principal (Face Value)
(d) All of these
3. For coupon bonds listed on a recognised stock exchange period of holding to qualify
as a long-term capital asset is _________.
(a) greater than 12 months
(b) greater than 3 months
(c) less than 12 months
(d) One month
4. Tax rate for listed Sovereign Gold Bonds (SGBs) without indexation is _____.
(a) 15 percent
(b) 20 percent
(c) 10 percent
(d) 30 percent
CHAPTER 6: TAXATION OF EQUITY PRODUCTS40
 Source of Income
 Tax treatment of listed equity shares
 Tax treatment of unlisted equity shares
 Taxation of Preference shares
 Taxation of GDR/ADR
 Taxation of Warrants
 Taxation in Equity Oriented Mutual Funds
 Equity Derivatives
 Dividend and Bonus Stripping
The equity market, often called a stock market or share market, is a place where shares of
companies or entities are traded. The market allows sellers and buyers to deal with equity
shares and other securities on the same platform. Equity share represents the ownership of
a person in the company. Equity investments are generally considered as risky as compared
to debt instruments. There are many types of equity-related products available in the market,
but they are not the same. Tax rules applicable to these products also differ. Taxes can reduce
the overall returns that an investor gets from a product. Thus, it is important to understand
the taxability of equity products before investing therein.
6.1 SOURCES OF INCOME
An equity investment generally refers to the buying and holding of shares by an investor in
anticipation of the return of income. Two types of income are earned from investment in
equity products - Capital gains and Dividend Income. Capital Gains arise when a capital asset
is sold at a price higher than its cost of acquisition. The dividend is the sum paid by the
company out of its profits to shareholders which, in turn, reduce the retained profits of the
company.
The taxability of both types of incomes has been discussed in detail in the forthcoming
paragraphs of this chapter.
6.1-1. Dividend Income
Dividend usually refers to the distribution of profits by a company to its shareholders. The
dividend is paid by a company out of its profits. Thus, a share of profit received by a
taxability of these FPIs and Specified Funds refer chapter 10 and Chapter 11.
shareholder out of the profits of the company, proportionate to his shareholding, is termed
as ‘Dividend’.
Dividend declared at an annual general meeting is deemed to be the income of the previous
year of the shareholder in which it is declared. The date of receipt by the assessee is not
material. The interim dividend is deemed to be the income of the previous year in which the
amount of such dividend is unconditionally made available by the company to the
shareholder. In other words, it is chargeable to tax on receipt basis.
The tax treatment of the dividend in the hands of shareholders depends on whether the
dividend is received from a foreign company or a domestic company.
6.1-1a. Place of accrual of dividend
The dividend payable by an Indian company is always deemed to accrue or arise in India
whether it is paid in India or Outside India. Thus, every person (whether resident or non-
resident) is liable to pay tax in India on dividend distributed or paid by an Indian company.
Dividend paid by a foreign company outside India is not deemed to accrue or arise in India. It
means a non-resident is not liable to pay tax on dividend received outside India from a foreign
company. Dividend from foreign companies, even if it is operating in India, is taxable only if it
is paid in India.
6.1-1b. Tax on dividend
Up to Assessment Year 2020-21, domestic companies and mutual funds were liable to pay
Dividend Distribution Tax (DDT) on the dividend. Therefore, shareholders or unit-holders
were exempt from paying tax on the dividend income. After the abolition of dividend
distribution tax by the Finance Act, 2020 with effect from Assessment Year 2021-22, if a
company, mutual fund, business trust or any other fund distributes dividend to its
shareholders or unit-holders then such dividend income is taxable in the hands of such
shareholder or unit-holders. The taxability of dividend and tax rate thereon shall depend upon
the residential status of the shareholders and quantum of income. In case of a non-resident
shareholder, the provisions of Double Taxation Avoidance Agreements (DTAAs) and
Multilateral Instrument (MLI) shall also come into play (See Para 6.2-2 and 6.2-3 for taxability
of dividend).
6.1-2. Capital Gains
Any profit or gain arising from the sale of a 'capital asset'41 is chargeable to tax as a capital
gain. Income from Capital Gains is computed as under:
Particulars Amount
Full Value of Consideration Xxx
Less:
a) Expenses incurred wholly and exclusively in connection with transfer (xxx)
b) Cost of Acquisition/Indexed Cost of Acquisition (xxx)
c) Cost of Improvement/Indexed Cost of Improvement (xxx)
Less:
Exemption under Sections 54 to 54GB to the extent of the net result of above (xxx)
calculation
Short-term or Long-term Capital Gains xxx
The capital gains from the sale of equity shares can be either long-term capital gains or short-
term capital gains depending upon the period of holding of capital assets. The period of
holding a capital asset is determined to classify it into a short-term capital asset or long-term
capital asset. This distinction is important as the incidence of tax is higher on short-term
capital gains as compared to the long-term capital gains. Generally, the period of holding of
a capital asset is calculated from the date of its purchase or acquisition till the date of its
transfer.
The rate of tax on capital gains differs according to the nature of capital gain. Long-term
capital gains are taxable at concessional rates of 20% or 10%, as the case may be. Short-term
capital gains are generally added to total taxable income and are chargeable to tax as per the
tax rate applicable according to the status of the assessee. However, in a few cases, short-
term capital gains are also taxable at concessional rates.
In this chapter, we will discuss the tax treatment of capital gains arising from the following
equity products:
a) Listed Equity Shares;

b) Unlisted Equity Shares;
c) Preference shares;
d) GDR/ADR;
e) Warrants;
f) Equity Oriented Mutual Funds; and
41 Refer Chapter 3 for meaning of ‘Capital Asset’.

g) Equity Derivatives.
6.2 LISTED EQUITY SHARES
Equity shares represent ownership of a person in a company. Any company offering its shares
to the public for subscription is required to be listed on the stock exchange and has to comply
with the conditions as provided in the SEBI (Issue of capital and disclosure requirements)
Regulations, 2018 [commonly known as SEBI (ICDR), Regulations].
Listing of securities with stock exchange is a matter of great importance for companies and
investors because this provides liquidity to the securities in the market. The two major stock
exchanges of India in which shares of a company can be listed are the Bombay Stock Exchange
(BSE) and National Stock Exchange (NSE).
All vital concepts of the securities markets, whether relating to investment in listed shares or
calculation of gains or calculation of tax from such gains have been discussed in the
forthcoming paragraphs.
6.2-1. Charges & Taxes
Various taxes and charges are payable to purchase and sell equity shares through stock
exchanges, which have been explained below.
6.2-1a. Brokerage
Brokerage is charged by the share broker who maintains the share trading account of the
investor. The amount of brokerage depends upon the broker and the nature of the order
placed.
6.2-1b. Security Transaction Tax
The securities transaction tax is a tax levied on sale/purchase of securities (other than debt
securities or debt mutual fund). Every recognised stock exchange or trustee of a mutual fund
or lead merchant banker (in case of IPO) is required to collect the STT from purchaser or seller
of the securities, as the case may be, and, subsequently, remit the same to the Central
Government. STT collected during a calendar month is required to be paid to the Central
Government by 7th day of the month immediately following the said calendar month (Refer
Annexure H for the rates of STT).
6.2-1c. Stamp Duty
Stamp duty is levied for transferring shares and securities from one person to another. Stamp
duty is levied by States, thus, the rate of duty varies from state to state. However, with effect
from April 1, 2020, stamp duty shall be levied at unified rates across India in respect of listed
securities. The same rate shall apply even in case of off-market transactions (Refer Annexure
H for the rates of stamp duty).
6.2-1d. Exchange Charges
This charge is levied by the stock exchanges of India. Transaction charges are levied on both
sides of the trading and are same for both intraday and delivery. NSE and BSE charge a
transaction fee ranging from 0.00325% to 0.00386% of the aggregate amount of purchase
and sale, respectively.
6.2-1e. SEBI Turnover Charges
Securities Exchange Board of India (SEBI) is the security market regulator, which forms rules
and regulations for the stock exchanges. A turnover charge of Rs. 10 per crore is levied by
SEBI for regulating the markets. This charge is levied on both sides of the transaction, i.e.,
while buying and selling.
6.2-1f. Depository Participant (DP) Charges
NSDL (National Securities Depository Limited) and CDSL (Central Depository Services Limited)
are two stock depositories in India. The depositaries hold shares and securities in electronic
form on behalf of the shareholder and facilitate the exchange thereof between buyer and
seller. When a person buys shares, such shares are credited in DEMAT account of that person
and when he sells such shares, they are debited from his DEMAT account. Depositories charge
Rs. 13.5 plus GST (irrespective of quantity) for this facility on the day the securities are debited
from DEMAT Account.
The depository participants (i.e., broker) form the bridge between the investors and the
depository as investors cannot directly approach the depository. Therefore, the depository
charges a fee from the depository participant and who in turn, charge the investors.
6.2-1g. GST
It is levied on the amount of brokerage, exchange transaction charges and clearing charges.
At present, the GST is charged at the rate of 18% on the amount of brokerage, transaction
and clearing charges.
6.2-2. Tax on dividend

6.2-2a. As per domestic laws
Dividend received by a resident shareholder is taxable in his hands at the applicable rates
(for normal tax rates applicable in case of various persons, see Annexure E). A resident
shareholder is allowed a deduction of interest expenditure incurred to earn that dividend
income to the extent of 20% of total dividend income. No further deduction shall be allowed
for any other expenses including commission or remuneration paid to a banker or any other
person for the purpose of realising such dividend.
Where the dividend is received by a non-resident person or foreign company (including
foreign portfolio investors (FPIs) and Non-resident Indian Citizens), the dividend shall taxable
in their hands at the special rate of 20%, subject to provisions of DTAA. In case of a specified
fund, as referred to in section 10(4D), dividend income is chargeable to tax at a concessional
rate of 10%. However, no expenditure shall be allowed to be deducted from such income.
Further, deduction under Chapter-VIA, that is, Sections 80C to 80U, shall not be allowed from
such income.
56 Resident Dividend Applicable
Rate
or Foreign
Company
115AB Offshore fund Dividend from units of mutual fund purchased in 10%
foreign currency
115AD Specified Dividend income from any security (other than 10%
Fund units referred to in Section 115AB)
6.2-2b. As per DTAA
As per DTAA, dividend income is generally chargeable to tax in the source country as well as
the country of residence of the assessee and, consequently, the country of residence provides
a credit of taxes paid by the assessee in the source country. Thus, the dividend income shall
be taxable in India as per provisions of the Act or as per relevant DTAA, whichever is more
beneficial.
As per most of the DTAAs India has entered into with foreign countries, the dividend is taxable
in the source country in the hands of the beneficial owner of shares at the rate ranging from
5% to 15% of the gross amount of the dividends.
In DTAA with countries like Canada, Denmark, Singapore, the dividend tax rate is further
reduced where the dividend is payable to a company that holds a specific percentage
(generally 25%) of shares of the company paying the dividend. However, no minimum time
limit has been prescribed in these DTAAs for which such shareholding should be maintained
by the recipient company. Therefore, MNCs were often found misusing the provisions by
increasing their shareholding in the company immediately before the declaration of the
dividend and offloading the same after getting the dividend. India did not face this situation
as dividend income was exempt from tax in the hands of the shareholders till Assessment
Year 2020-21. However, after the abolition of dividend distribution tax, India will face the risk
of tax avoidance by the foreign company by artificially increasing the holding in the dividend
declarant domestic company.
India is a signatory to the Multilateral Convention (MLI) which shall implement the measures
recommended by the OECD to prevent Base Erosion and Profit Shifting. MLI is a binding
international legal instrument that is envisaged with a view to swiftly implement the
measures recommended by OECD to prevent Base Erosion and Profit Shifting in existing
bilateral tax treaties in force. With respect to dividend income, Article 8 (Dividend Transfer
Transactions) of MLI provides for a minimum period of 365 days for which a shareholder,
receiving dividend income, has to maintain its shareholding in the company paying the
dividend to get the benefit of the reduced tax rate on the dividend. However, this condition
is applicable only if India and partner county have notified this clause. As of now 4 countries
i.e., Canada, Montenegro, Slovak Republic and Slovenia have notified this clause.
6.2-3. Tax on inter-corporate dividend
The taxability of dividend has been shifted from companies to shareholders with effect from
Assessment Year 2021-22. Therefore, in order to remove the cascading effect where a
domestic company receives dividend from other domestic company, foreign company or
business trust, a new section 80M has been introduced under the Income-tax Act to provide
that inter-corporate dividend shall be reduced from total income of the company (computed
under normal provision or alternative tax regime of Section 115BAA or Section 115BAB) if the
same is further distributed to shareholders on or before the due date (i.e., one month prior
to the due date of filing of return).
Example 1: XYZ Ltd. borrowed Rs. 50 lakhs carrying interest rate of 7% per annum for the
purpose of business. Out of the borrowed funds, Rs. 10 lakhs was lying unutilised, therefore,
same was invested in equity shares of a company ABC Ltd.
During the financial year 2021-22, XYZ Ltd. received dividend of Rs. 3 lakhs in respect of
investment made in ABC Ltd. It incurred an expenditure of Rs. 50,000 towards commission
paid to banker for realising the dividend. The due date of filing of return for the financial year
2021-22 by XYZ Ltd. is 31-10-2022.
Compute the amount of dividend taxable in the hands of XYZ Ltd. and the deduction available
under Section 80M in respect of inter-corporate dividend in the following scenarios:
(a) XYZ Ltd. distributed Rs. 2,00,000 as dividend to its shareholders in the month of August
2022.
(b) XYZ Ltd. distributed Rs. 1,00,000 as dividend to its shareholders in the month of August
2022 and Rs. 1,00,000 in the month of December 2022.
Answer
The dividend taxable in the hands of XYZ Ltd. and the deduction available under Section 80M
in respect of inter-corporate dividend shall be computed as follows:
Scenario 1: XYZ Ltd. distributed dividend of Rs. 2,00,000 in the month of August 2022
Particulars Amount
Dividend received from ABC Ltd. [A] 3,00,000
Interest incurred [B = 10,00,000 * 7%] 70,000
20% of dividend [C = 3,00,000 * 20%] 60,000
Interest allowable as deduction under section 57 [D = lower of B or C]‡ 60,000
Dividend taxable under the head other sources [E = A - D] 2,40,000
Deduction under Section 80M [F] † 2,00,000
Taxable income [G = E - F] 40,000
† As dividend has been further distributed before the due date (one month prior to due date
of furnishing return of income) deduction under Section 80M shall be allowed.

‡ As per proviso to section 57(i), expenses incurred as commission for realizing dividend is
not allowed as deduction.
Scenario 2: XYZ Ltd. distributed dividend of Rs. 1,00,000 during the month of August 2022 and
Rs. 1,00,000 during the month December 2022.
Particulars Amount
Dividend received [A] 3,00,000
Interest incurred [B = 10,00,000 * 7%] 70,000
20% of dividend [C = 3,00,000 * 20%] 60,000
Interest allowable as deduction under section 57 [D = lower of B or C] ‡ 60,000
Dividend taxable under the head other sources [E = A - D] 2,40,000
Deduction under section 80M† [F] 1,00,000
Taxable income [G = E - F] 1,40,000
† As dividend has been further distributed on or before the due date (one month prior to due
date of furnishing return of income) deduction under Section 80M shall be allowed. Dividend
of Rs. 100,000 distributed in the month of December 2022 can be claimed as deduction in
the subsequent year provided the company has earned dividend income in that year.
‡ As per proviso to section 57(i), expenses incurred as commission for realizing dividend shall
not be allowable as deduction.
6.2-4. Period of holding
The tax treatment of gains or losses arising from the sale of listed equity shares depends upon
whether the gains are long-term or short-term. Shares which are listed on the stock exchange
in India are treated as a short-term capital asset if they are held for not more than 12 months
immediately preceding the date of transfer. In other cases, they are treated as long term
capital assets.
6.2-4a. Securities held in Physical Form
If listed shares or securities are sold through brokers, the date of the broker’s note is treated
as the date of transfer, provided the contract is followed by delivery. Thus, the period of
holding should be counted from the date of purchase to the date of the broker’s note.
In case the transaction takes place directly between the parties and not through the stock
exchange, the date of the contract of sale as declared by the parties is treated as the date of
transfer, provided it is followed by the actual delivery of shares and the transfer deeds42.
6.2-4b. Securities held in Demat Form
As per Section 45(2A)43 the period of holding of securities held in Demat Form shall be
determined as per First-In-First-Out (FIFO) Method. It implies that the securities that first
entered into the Demat account are deemed to be the first to be sold out. In other words, the
securities acquired last will be taken to be remaining with the assessee while securities
acquired first will be treated as sold. For determining the period of holding, the contract note
or Broker’s note shall be considered provided such transactions are followed by delivery of
shares and transfer deeds.
In the depository system, the investor can open and hold multiple accounts. In such a case,
where an investor has more than one security account, the FIFO method will be applied
account-wise. This is because where a particular account of an investor is debited for the sale
of securities, the securities lying in his other account cannot be construed to have been sold
as they continue to remain in that account.
If in an existing account of Demat stock, the old physical stock is dematerialized and entered
at a later date, under the FIFO method, the basis for determining the movement out of the
account is the date of entry into the account.
Example 2,
Date of credit Date of

in Demat purchase Particulars Quantity
account
25-05-
1-6-2020 Purchased directly in Demat Form 2,000
2020
01-11-
5-6-2020 Shares certificates Dematerialized 5,000
2005
42 Circular No. 704, dated 28.04.1995

43 Also see the Circular No. 768, Dated June 24, 1998
10-6-2020 10-6-2020 Purchased directly in Demat form on 10-6-2019 4,000
01-05-
15-6-2020 Shares certificates Dematerialized 3,000
2001
If 2,500 shares are sold from this account, then the cost of acquisition of first 2,000 shares
shall be calculated from 25-5-2020, whereas the balance 500 shares will be treated as having
been acquired on November 1, 2005, at the relevant cost. This is the effect of the FIFO
method.
6.2-5. Tax on long-term capital gains as per section 112A
Earlier the long-term capital gains arising from the sale of listed equity shares were exempt
under section 10(38) of the Income-tax Act. In Finance Act, 2018, the long-term capital gains
arising from the sale of listed equity shares were made taxable. Such long-term capital gain is
chargeable to tax at different rates depending upon the year of acquisition and the payment
of STT.
6.2-5a. Rate of tax
Where the total income of an assessee includes long-term capital gain arising from the
transfer of listed equity shares, no tax shall be charged on such long-term capital gain if the
aggregate amount of such gain during the year is up to Rs. 1,00,000. Where the amount of
capital gain exceeds Rs. 1,00,000, the excess amount is chargeable to tax at a concessional
rate of 10% under section 112A of the Income-tax Act. However, this section applies only
when securities transaction tax is paid at the time of acquisition and at the time of transfer of
equity shares, except in the following cases:
Exception 1: Transaction undertaken on a stock exchange located in IFSC
The condition of payment of STT shall not be applicable if the transaction is undertaken on a
recognised stock exchange located in an International Financial Services Centre. This
concession is available only when the consideration for such a transaction is received or
receivable in foreign currency.
Exception 2: If STT is not paid at the time of acquisition
The benefit of the concessional tax rate is available in case of transfer of equity shares if STT
is chargeable both at the time of transfer and at the time of acquisition of shares. The CBDT44
44Notification No. 60/2018, dated 01-10-2018

has relaxed this condition of payment of STT at the time of acquisition in the following
scenarios:
a) Shares are acquired before 1-10-2004;

b) The acquisition has been approved by the Supreme Court, High Court, NCLT, SEBI or RBI;
c) The acquisition by any non-resident is in accordance with FDI guidelines issued by the
Government of India;
d) The acquisition is done by an Investment Fund or Venture Capital Fund or a Qualified
Institutional Buyer;
e) The acquisition is done through a preferential issue to which SEBI (Issue of Capital and
Disclosure Requirements) Regulations, 2009 does not apply;
f) The acquisition is done through an issue of share by a company;
g) The acquisition of shares is made by the scheduled banks, reconstruction or securitisation
companies or public financial institutions during their ordinary course of business;
h) The acquisition is done under the ESOP or ESPS scheme framed under SEBI (Employee
Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999;
i) The acquisition of shares is made as per SEBI (Substantial Acquisition of Shares and
Takeovers) Regulation, 2011;
j) The acquisition is made from the Government; and
k) The acquisition is made by mode of transfer referred to in Section 47 or Section 50B or
Section 45(3) or Section 45(4) of the Income-tax Act, if the previous owner or transferor
of such shares has acquired shares by any of the modes given in this list.
6.2-5b. Cost of acquisition of shares acquired on or before 31-01-

2018
The Finance Act 2018 grand fathered the investments made on or before 31-01-2018 as the
long-term capital gains arising from the sale of equity shares chargeable to STT were
previously exempt from tax. The concept of grandfathering under this provision works as per
the following mechanism.
If equity shares were acquired on or before 31-01-2018, the cost of acquisition of such shares
or units shall be higher of the following:
a) The actual cost of acquisition of equity shares; or

b) Lower of the fair market value of such asset as on 31-01-2018 or full value of the
consideration received as a result of the transfer of equity shares.
In case of listed equity shares, the highest price of share quoted on a recognized stock
exchange as on 31-01-2018 is taken as the fair market value. If there is no trading in such
share on such exchange on 31-01-2018, the highest price of such share on a date immediately
preceding 31-01-2018 when such share was traded shall be the fair market value.
However, the fair market value of the following equity shares shall be an amount which bears
to its cost of acquisition the same proportion as the Cost Inflation Index for the financial year
2017-18 bears to the Cost Inflation Index for the first year in which the asset was held by the
assessee or for the year beginning on the 01-04-2001, whichever is later:
(a) Shares are not listed on recognised stock exchange on 31-01-2018 but listed on such
exchange on the date of transfer; or
(b) Shares listed on a recognised stock exchange on the date of transfer and which became
the property of the assessee in consideration of share which is not listed on such exchange
as on 31-01-2018 by way of transaction not regarded as transfer under Section 47.
In general cost of acquisition of the bonus shares are taken to be nil, however, if bonus shares
are complying with the conditions prescribed in section 112A, the cost of acquisition shall be
computed in the manner described above.
Let’s understand how to compute long-term capital gains with the help of the following
examples.
Scenario 1: An equity share is acquired on 01-01-2017 at Rs. 100, its fair market value is Rs.
200 on 31-01-2018 and it is sold on 01-01-2021 at Rs. 250.
As the actual cost of acquisition is less than the fair market value as on 31-01-2018, the fair
market value of Rs. 200 will be taken as the cost of acquisition and the long-term capital gain
will be Rs. 50 (Rs. 250 - Rs. 200).
In this case, the actual cost of acquisition is less than the fair market value as on 31-01- 2018.
However, the sale value is also less than the fair market value as on 31-01-2018. Accordingly,
the sale value of Rs. 150 will be taken as the cost of acquisition and the long-term capital gain
will be nil (Rs. 150 - Rs. 150).
In this case, the fair market value as on 31-01-2018 is less than the actual cost of acquisition,
and therefore, the actual cost of Rs. 100 will be taken as the actual cost of acquisition and the
long-term capital gain will be Rs. 50 (Rs. 150 - Rs. 100).
In this case, the actual cost of acquisition is less than the fair market value as on 31-01--2018.
The sale value is less than the fair market value as on 31-01-2018 and also the actual cost of
acquisition. Therefore, the actual cost of Rs. 100 will be taken as the cost of acquisition in this
case. Hence, the long-term capital loss will be Rs. 50 (Rs. 50 - Rs. 100) in this case.
6.2-5c. Cost of acquisition of shares acquired on or after 01-02-2018
The cost of acquisition of equity shares, which are acquired on or after 01-02-2018, shall be
computed as per general principles of Section 55, i.e., the actual cost for which it is acquired
by the assessee.
6.2-6. Tax on long-term capital gain as per section 112
Long-term capital gains arising from the sale of equity shares are taxable at the rate of 20%
under section 112 if they are not taxable at the concessional rate of 10% under section 112A.
Tax is charged at a flat rate of 20% plus surcharge and health & education cess (see Annexure
E for the applicable rates of surcharge and cess). However, the long-term capital gains shall
be taxable at the rate of 10% if the benefit of indexation is not taken.
6.2-7. Tax on short-term capital gains as per Section 111A
Short-term capital gains arising from the sale of listed equity shares is chargeable to tax at a
concessional rate of 15% plus surcharge and cess (see Annexure E for relevant rates) if the
transaction is chargeable to Securities transaction tax or transaction is undertaken in foreign
currency on a recognized stock exchange located in an International Financial Services Centre.
However, no deduction under Sections 80C to 80U shall be allowed from short-term capital
gains covered under section 111A.
6.2-8. Tax on normal short-term capital gain
Short-term capital gain arising from the sale of equity shares is chargeable to tax at normal
rates as applicable in case of an assessee if it is not taxable at the concessional rate of 15%
under Section 111A. This case arises if conditions specified under Section 111A are not
satisfied.
Tax treatment of Listed Equity Shares is enumerated in the below table:
Nature Rate of Tax Rate of Tax

(If STT is paid) (If STT is not paid)
With Indexation Without Indexation
Long Term 10% 20% 10%
Short Term 15% - As per applicable
rate of tax
The rate of surcharge on the capital gains arising from the transfer of listed equity shares by
an Individual, HUF, AOP, BOI or AJP is enumerated in the below table.
Total Income Capital gains covered under Other Income

Section 112A, 112 and 111A
Up to Rs 50 lakhs Nil Nil
Rs 50 lakhs – Rs 1 crore 10% 10%
Rs 1 crore – Rs 2 crore 15% 15%
Rs 2 crore – Rs 5 crore 15% 25%
Above Rs 5 crore 15% 37%
Example 3: Mr X (resident in India) invested in equity shares of the following listed companies:
Company No. of shares Date of Purchase Purchase cost

(Per share)
ABC Ltd. 1,000 01-04-2020 Rs. 105
XYZ Ltd. 1,500 01-10-2020 Rs. 120
During the Financial Year 2021-22, he sold the shares as follows:
Company No. of shares Date of sale Selling price

(Per share)
ABC Ltd. 1,000 04-05-2021 Rs. 107
XYZ Ltd. 1,000 01-08-2021 Rs. 135
Answer:
The computation of capital gain from the sale of shares by Mr X during the financial year 2021-
22 shall be as follows:
Particulars ABC Ltd. XYZ Ltd.
Date of Purchase 01-04-2020 01-10-2020

Date of sale 04-05-2021 01-08-2021
Period of holding 13+ Months 10 Months
Nature of Capital Gain Long term capital gains Short term capital gains
Full Value of Rs. 107,000 Rs. 135,000
Consideration [A] (1,000 shares * Rs. 107) (1,000 shares * Rs. 135)
Cost of Acquisition [B] Rs. 105,000 Rs. 120,000
(1,000 shares * Rs. 105) (1,000 shares * Rs. 120)
Amount of capital Rs. 2,000 Rs. 15,000
gain [A-B]
Tax rate 10% under Section 112A 15% under Section 111A
(on capital gains in excess of Rs. 1
lakhs).
6.3 TAX TREATMENT OF UNLISTED EQUITY SHARES
Unlisted shares or unquoted shares are the shares that are not listed on any Stock Exchange.
The tax treatment of gains or losses arising from the sale of unlisted equity shares depends
upon whether the gains are long term or short term. Unlisted shares of a company are treated
as short-term capital asset if they are held for not more than 24 months immediately
preceding the date of transfer. Whereas, if the shares are held for more than 24 months then
long-term capital gain arises.
6.3-1. Tax on dividend from unlisted shares
The taxability of dividend income arising from unlisted equity shares shall be the same as in
case of listed equity shares [See para 6.2-2. and 6.2.-3].
6.3-2. Tax on long-term capital gains from unlisted shares
Long-term capital gains arising from the sale of unlisted equity shares shall be taxable at the
rate of 20 per cent plus surcharge and health & education cess. In that case, the benefit of
Indexation would be available to resident taxpayers.
Where unlisted equity shares are offered for sale under an initial public offer (IPO), gain
arising therefrom shall be chargeable to tax in accordance with the provisions contained
under Section 112A as referred under para 6.2-5.
6.3-3. Tax on short-term capital gains from unlisted shares
Short-term capital gain arising from the transfer of unlisted shares shall be taxable at the
normal rate as applicable in case of an assessee.
Example 4: If in Example 3, shares of ABC Ltd. and XYZ Ltd. are not listed on a stock
exchange. Will there be any difference in tax implications in the hands of Mr X?
Answer:
Unlisted shares are treated as a long-term capital asset if they are sold after holding for a
period of more than 24 months. Whereas, capital gain arising from transfer of listed shares
is treated as long-term capital gain if they are sold after holding for more than 12 months.
As shares of ABC Ltd. and XYZ Ltd. were sold within 24 months, the resultant capital gain shall
be taxable as short-term capital gains. Further, as the shares are not listed on a stock
exchange, the short-term capital gain shall be taxable at normal slab rate.
6.4 TAX TREATMENT OF PREFERENCE SHARES
Preference shares are those shares that carry certain special or priority rights. The preference
share-holders get a right of fixed dividend, whose payment takes priority over ordinary
dividends. Capital raised by the issue of preference shares is called preference share capital.
Preference share capital, with reference to any company limited by shares, means that part
of the issued share capital of the company which carries or would carry a preferential right
to:
a) Payment of dividend, either as a fixed amount or at a fixed rate; and

b) Repayment in the case of a winding-up or repayment of capital specified in the
memorandum or articles of the company.
6.4-1. Tax on dividend from preference share
The taxability of dividend income arising from preference shares shall be same as in case of
equity shares [See para 6.2-2. and 6.2.-3].
6.4-2. Conversion of preference share into equity share
Where preferences shares in a company are converted into equity shares of that company, it
is not treated as transfer as defined under Section 47 of the Income-tax Act. Hence no income
would arise at the time of conversion of preference shares into equity shares. Capital gains
would arise at the time of sale of such equity share. The cost of such converted equity shares
would be taken at the price for which the original preference shares were acquired.
Additionally, period of holding of equity shares would be counted from the date of holding of
the preference shares.
6.4-3. Tax on long-term capital gain from preference share
The gain resulting from the redemption of preference shares is computed by reducing the
indexed cost of acquisition from the redemption value and is taxable as long-term capital
gains. Unlisted preference shares are treated as long-term capital asset if they are held for
more than 24 months immediately preceding the date of transfer. However, in the case of
listed preference shares, the period of holding is 12 months instead of 24 months.
Long-term capital gains are generally taxable at a flat rate of 20% plus surcharge and health
& education cess (see Annexure E for relevant rates). However, in the case of listed securities,
the assessee has the option to pay tax at the rate of 10% if he does not take the benefit of
indexation while computing the amount of capital gain.
In case of unlisted securities or shares of a closely held company, a non-resident assessee or

a foreign company has to pay tax at the rate of 10% without claiming the benefit of indexation
and foreign currency fluctuation.
6.4-4. Tax on short-term capital gain from preference share
Where listed preference shares are redeemed or sold within 12 months then it shall be
treated as a short-term capital asset and, accordingly, short-term capital gain shall arise. In
case of unlisted preference shares, short-term capital gain shall arise when they are
transferred or redeemed within 24 months.
Short-term capital gain arising from transfer or redemption of preference share is

chargeable to tax at a normal rate as applicable in case of an assessee.
Example 5:
Mr X (resident in India) acquired 1,000 preference shares of ABC Ltd. at Rs. 105 each on 01-
07-2018. The shares are listed on a stock exchange. He transferred such shares on 04-05-
2020 at Rs. 120 per share. Compute the amount of capital gain chargeable to tax in hands of
Mr X.
Answer
As the preference shares are listed on a stock exchange and transferred by Mr X after holding
for more than 12 months, the gain arising from transfer shall be treated as a long-term capital
gain.
Long-term capital gains are generally taxable at a flat rate of 20% plus surcharge and health
& education cess. However, in the case of listed securities, the assessee has an option to pay
tax at the rate of 10% if he does not take the benefit of indexation while computing the
amount of capital gain.
Thus. Mr X has two options - avail benefit of indexation while computing capital gain and pay
tax at the rate of 20% or pay tax at the rate of 10% without claiming the benefit of indexation.
The computation of capital gain under both the option shall be as follows:
Particulars Option 1 Option 2

(With Indexation) (Without Indexation)
Full Value of Consideration [A] Rs. 120,000 Rs. 120,000
(1,000 shares * Rs. 120) (1,000 shares * Rs. 120)
Cost of Acquisition [B] - Rs. 105,000
(1,000 shares * Rs. 105)
Indexed Cost of Acquisition [B] Rs. 112,875 -
(Rs. 105,000 * 301/280)
Capital gain [A-B] Rs. 7,125 Rs. 15,000
Tax rate 20% 10%
Tax Rs. 1,425 Rs. 1,500
Tax saving if Mr X opts for option 1 Rs. 75
6.5 TAX TREATMENT OF GDR OR ADR

Global Depository Receipt (GDR) means any instrument in the form of a depository receipt or
certificate (by whatever name called) created by the Overseas Depository Bank outside India
or in an IFSC and issued to investors against the issue of:
(a) Ordinary shares of issuing company, being a company listed on a recognised stock
exchange in India;
(b) Foreign currency convertible bonds of issuing company; or
(c) Ordinary shares of issuing company, being a company incorporated outside India, if such
depository receipt or certificate is listed and traded on any IFSC45.
Issuing company means an Indian Company permitted to issue Foreign Currency Convertible
Bonds or ordinary shares of that company against Global Depository Receipts. The GDRs are
listed on stock exchanges outside India and are tradable and transferable in accordance with
the laws relating to the country in which the GDRs are listed.
After getting approval from the Ministry of Finance and completing other formalities, a
company issues rupee-denominated shares in the name of the depository which delivers
these shares to its local custodian bank (‘overseas depository’). The depository then issues
dollar-denominated depository receipts (or GDR) against the shares registered with it.
Generally, one GDR is equivalent to one or more (rupee-denominated) shares. It is traded like
any other dollar-denominated security in foreign markets.
These Depository Receipts (DR) were brought out as an option for Indian companies to get
access to overseas capital markets. Depository Receipts issued in American stock exchanges
are termed as American Depository receipts (‘ADRs’).
An American depositary receipt (ADR) is a US dollar-denominated stock that trades in the

United States and represents equity ownership in a non-US company. Shares of many Non-
US companies trade on US stock exchanges through ADRs, which are denominated and pay
dividends in US dollars and may be traded like regular shares of stock.
45 Amended by the Finance Act, 2021 with effect from assessment year 2022-2023
GDRs have access usually to Euro and US market. The US portion of GDRs to be listed on US
exchanges have to comply with SEC requirements and the European portion have to comply
with EU directive. Listing of GDR may take place in international stock exchanges such as
London Stock Exchange, New York Stock Exchange, American Stock Exchange, NASDAQ,
Luxemburg Stock Exchange, etc.
The process involved in the issue of depository receipts can be explained with the help of the
following diagram:
6.5-1. Tax implications of GDR/ADR in case of non-resident
6.5-1a. Dividend income
Dividend distributed by an Indian company in respect of GDRs, purchased in foreign currency

by a non-resident or a foreign company, shall be taxable in the hands of such non-resident
person or foreign company at a concessional rate of 10% under section 115AC of the Income-
tax Act.
As dividend received in respect of GDRs is chargeable to tax at a concessional tax rate of 10%,
no expenditure shall be allowed to be deducted from such income. Further, deduction under
Chapter-VIA (i.e., Section 80C to 80U) shall not be allowed from such income.
6.5-1b. Long-term capital gain from transfer of GDR
GDRs are securities that are listed on foreign stock exchanges and not on any Indian stock
exchange. Thus, the long-term capital gain from the transfer of GDRs shall arise when they
are transferred after holding it for a period of more than 36 months.
Section 47 of the Act specifically provides that transfer of GDRs, being capital assets, made
outside India between two non-resident persons is not treated as a transfer. Thus, no capital
gain shall arise on the transfer of GDRs from one non-resident person to another non-resident
person. Further, in view of Section 47(viiab) any transfer of Global Depository Receipts,
referred under Section 115AC, by a non-resident on recognised stock exchange located in any
International Financial Services Centre is also outside the purview of transfer provided
consideration for same is received is foreign currency.
Section 115AC of the Act provides that the capital gain arising from the transfer of GDRs, by
a non-resident, would be liable to tax at the rate of 10 per cent if such gains are in the nature
of long-term capital gains. In other words, as transfer between two non-resident persons and
transfer by a non-resident on stock exchange located in IFSC is exempt from tax under Section
47, the provisions of section 115AC would cover transactions of sale of GDRs by a non-resident
assessee to a resident assessee which is undertaken on a stock exchange which is not located
on an IFSC. The concessional tax rate of 10% shall apply only when GDRs are purchased in
foreign currency and capital gain is computed without taking the benefit of indexation and
foreign currency fluctuation.
In other cases, where GDRs are not purchased in the foreign currency, the long-term
capital gain arising from the transfer of GDRs shall be chargeable to tax at the rate of 20% plus
surcharge & cess (see Annexure E for relevant rates) and capital gain shall be computed after
claiming the benefit of indexation.
6.5-1c. Short-term capital gain from transfer of GDR
Short-term capital gain from the transfer of GDRs, which are not excluded from the transfer
as referred in para 6.5-1b, shall arise when they are transferred within a period of 36 months
from the date of acquisition. It shall be chargeable to tax at the normal rates as applicable in
case of an assessee.
6.5-1d. Capital gain on conversion of GDRs into shares
Where GDRs are converted into shares of the issuing company then it shall attract capital gain
tax in the hands of the holder of GDRs. For this purpose, the price of the shares prevailing on
any recognised stock exchange on the date on which a request for such
redemption/conversion is made shall be considered as the full value of consideration.
Accordingly, capital gain shall be computed by reducing the cost of acquisition/indexed cost
of acquisition of GDRs from the value of shares.
6.5-1e. Capital gain on subsequent transfer of share
Where shares so received on conversion/redemption of GDRs are subsequently sold by the

assessee, it shall give rise to capital gain. The cost of acquisition of the shares so acquired on
the conversion of GDRs shall be the price of the shares prevailing on any recognised stock
exchange on the date on which a request for such redemption/conversion is made. Further,
the period of holding shall be reckoned from the date on which the request for
redemption/conversion of GDRs was made.
6.5-1f. Conversion of income earned in foreign currency into Indian rupees
Where dividend income from GDRs is earned in foreign currency, it shall be converted into
Indian Rupees at telegraphic transfer buying rate of such currency as existed on the last day
of the month immediately preceding the month in which the dividend is declared, distributed
or paid by the company (see para 4.3-8).
Further, the capital gain arising to a resident or non-resident person in foreign currency shall
be converted into Indian Rupees at the telegraphic transfer buying rate of such currency as
existed on the last day of the month immediately preceding the month in which the capital
asset is transferred (see para 3.6-9).
Example 6, Mr Adam, a person non-resident in India, invested in GDRs of an Indian company

on 01-04-2021. He purchased 1,000 GDRs at the rate of USD 148 each. On 31-03-2022, he
received dividend of USD 5 per GDR. He paid USD 1,000 to his portfolio manager. On 07-06-
2022, he sold the GDRs to a person resident in India at the rate of USD 193 per GDR. Compute
the income taxable in his hands and tax thereon.
Following is the list of the exchange rates on various dates.
Date TT Buying Rate TT Selling Rate

01-04-2021 65 68
28-02-2022 68 71
31-03-2022 67 70
31-05-2022 69 72
07-06-2022 66 68
Answer:
Taxability of Dividend Income

No. of GDRs [A] 1,000
Dividend received [B] $ 5 per GDR
Total Dividend income [C=A* B] $ 5,000
Allowable deduction [D] Nil
Taxable income [E= C-D] $ 5,000
Exchange rate (TT Buying rate as on 28-02-2022) [F] Rs. 68
Taxable dividend income [G= E*F] Rs. 3,40,000
Tax rate on dividend income 10%
Computation and taxability of the gains on transfer of the GDR

Period of holding (from 01-04-2021 to 06-06-2022) 14+ Months
Nature of gain (less than 36 months) Short term capital gains
Sale price (1,000 * $ 193) [A] $ 193,000
Less: Purchase cost ( 1,000 * $ 148) [B] $ 148,000
Short term capital gain in USD [C = A – B] $ 45,000
Exchange rate (TT Buying Rate as on 31-05-2022) [D] Rs. 69
Short term capital gain in INR [E = C * D] Rs. 31,05,000
Tax rate on capital gain Normal slab rate
6.5-2. Tax implications of GDR/ADR in case of resident
6.5-2a. Dividend income
Where an Indian company or its subsidiary, engaged in Information technology,

entertainment, pharmaceutical or biotechnology industry, distributes dividend in respect of
GDRs issued to its employees under an Employees' Stock Option Scheme, the dividend shall
be taxable at a concessional tax rate of 10% under Section 115ACA in the hands of the
employee provided the recipient is a resident in India and he purchased such GDRs in foreign
currency.
As dividend received in respect of GDRs is chargeable to tax at a concessional tax rate of 10%,
no expenditure shall be allowed to be deducted from such income. Further, deduction under
Chapter-VIA (i.e., section 80C to 80U) shall not be allowed from such income.
In other cases, the dividend received in respect of GDRs shall be chargeable to tax at normal
rates. Further, an assessee shall be entitled to claim the deduction of interest expenditure
incurred to earn that dividend income to the extent of 20% of the total dividend income. No
further deduction shall be allowed for any other expenses including commission or
remuneration paid to a banker or any other person to realise such dividend.
6.5-2b. Long-term capital gains from transfer of the GDRs
Long term capital gains arising from the transfer of GDRs (covered under section 115ACA)
shall be taxed in the hands of the assessee at the rate of 10% plus surcharge and cess (see
Annexure E for relevant rates) without providing the benefit of indexation and foreign
exchange fluctuation. While calculating total taxable income, no deduction under Chapter-VI
A shall be available against such capital gains.
In other cases, long-term capital gain shall be taxable at the rate of 20% plus surcharge and
cess (refer Annexure E for relevant rates) and capital gain shall be computed after providing
for the benefit of indexation.
6.5-2c. Short-term capital gains from transfer of the GDRs
Short-term capital gain arising from the transfer of GDRs shall be taxable at normal rates as
applicable in case of the assessee.
6.6 TAX TREATMENT OF SHARE WARRANTS
Share warrant is an option issued by the company which gives the warrant holder a right to
subscribe to equity shares at a pre-determined price on or after a pre-determined time
period.
Stock warrant is issued with a “strike price” and an expiration date. The strike price is the
price at which the warrant becomes exercisable, that is, the price at which the warrant holder
is entitled to subscribe for equity shares of the company. As per Regulation 13 of the SEBI
(Issue of Capital and Disclosure Requirements) Regulations, 2018 (‘ICDR’), the warrant holder
is required to pay at least 25% of the strike price upfront. The tenure of share warrants shall
not exceed 18 months from the date of their allotment in the IPO or Right Issue or FPO, as the
case may be.
In case the warrant holder does not exercise the option to take equity shares against any of
the warrants held by the warrant holder, within 3 months from the date of payment of full
consideration, such consideration made in respect of such warrants shall be forfeited by the
issuer.
In the case of share warrants, the following transactions are possible:
a) Conversion of share warrants into shares;

b) Transfer of share warrants to another person;
c) Forfeiture of the share warrant.
6.6-1. Tax on conversion of share warrants into shares
The conversion of share warrants into shares shall be treated as a transfer of share warrants.
The resultant capital gains arising from such transfer will always be deemed as short-term
capital gains as a share warrant can have a maximum period of 18 months. The short-term
capital gains shall be excess of the full value of consideration arising from such conversion
over the strike price of the share warrant. In view of Section 50D of the Income-tax Act, the
full value of consideration is the fair market value of shares on the date of conversion of
warrants into shares.
The short-term capital gains shall be taxable as per applicable tax rates.
6.6-2. Tax on transfer of share warrants
The transfer of share warrants to another person shall be treated as a transfer of a capital
asset. The resultant capital gains arising from such transfer will always be deemed as short-
term capital gains as a share warrant can have a maximum period of 18 months. The short-
term capital gains shall be excess of the full value of consideration arising from such transfer
over the upfront payment or price paid for share warrant. The full value of consideration is
the sum received from the buyer of the warrant.
The short-term capital gains shall be taxable as per applicable tax rates.
6.6-3. Forfeiture of premium paid for share warrants
In case a warrant holder does not exercise the option to take equity shares against any of the
warrants held by him, within 3 months from the date of payment of consideration, such
consideration made in respect of such warrants shall be forfeited by the issuer. The loss
arising from such forfeiture of the premium will have no tax treatment and will be ignored for
the calculation of taxable income.
Example 7: ABC Ltd. issued 1,00,000 warrants of Rs. 200 each aggregating to Rs. 2 crores to
Mr X on 29-12-2020. Share warrants are exercisable into an equal number of equity shares of
face value of Rs. 10 each. The company received a sum of Rs. 50 lakh from Mr X towards 25%
subscription against the said warrants on the same date.
What shall be the tax implications in the hands of Mr X in the following scenarios?
(1) Mr X exercised warrants and paid the entire consideration of Rs. 2 crores to ABC Ltd. on
29-03-2022. On the same day, the company allotted 1,00,000 equity shares of face value
of Rs. 10 each to Mr X at a premium of Rs. 190 per share. The fair market value of the
share on the date of allotment was Rs. 250 share.
(2) Mr X transferred share warrants to Mr Y on 15-06-2021 for Rs. 75 per warrant.
Answer:

Scenario 1: Tax on conversion of share warrants into shares
The conversion of share warrants into shares shall be treated as a transfer of share warrants.
The resultant capital gains arising from such transfer will always be deemed as short-term
capital gains as a share warrant can have a maximum tenure of 18 months. The computation
of short-term capital gain arising on conversion of share warrants into shares shall be as
follows:
Particulars Amount
Full value of consideration (FMV of shares on the date of Rs. 2,50,00,000
allotment) (100,000 shares* Rs. 250)
Less: Cost of Acquisition (strike price of share warrants) Rs. 2,00,00,000
(100,000 warrants * Rs. 200)
Short-term capital gain 50,00,000
Tax rate Normal Slab Rate
Scenario 2: Tax on transfer of share warrants
The transfer of share warrants to another person shall be treated as a transfer of a capital
asset. The resultant capital gains arising from such transfer will always be deemed as short-
term capital gains as a share warrant can have a maximum period of 18 months. The
computation of short-term capital gain arising on transfer of share warrants shall be
computed as follows:
Particulars Amount
Full Value of Consideration (sale price of share warrants) Rs. 75,00,000
(100,000 warrants * Rs. 75)
Less: Cost of Acquisition (i.e., upfront payment made for share 50,00,000
warrants)
Short-term capital gain 25,00,000
Tax rate Normal Slab Rate
6.7 TAX TREATMENT OF MUTUAL FUNDS
Mutual funds are the funds which collect money from the investor and invest the same in the
capital market for their benefit. Mutual funds invest in a variety of instruments such as equity,
debt, bonds, etc. Investments of a mutual fund are managed by the Asset Management
Company through fund managers.
All the mutual funds are registered with the SEBI and they function within the provisions of
strict regulation created to protect the interests of the investor.
6.7-1. Important Terms
Before understanding, taxation aspects of Mutual Funds, it is important to understand a few

terms which are used in the Mutual Fund industry.
6.7-1a. Meaning of Equity Oriented Funds
“Equity Oriented Fund” means a fund set up under a scheme of a mutual fund specified under
clause (23D) of section 10 or under a scheme of an insurance company comprising unit-linked
insurance policies to which exemption under clause 10(10D) does not apply on account of the
applicability of fourth and fifth proviso (i.e., high premium ULIP) and:
(a) In a case where the fund invests in the units of another fund which is traded on a
recognised stock exchange, at least 90% of the total proceeds of such fund is invested in
the units of such other fund and such other fund also invests at least 90% of its total
proceeds in the equity shares of domestic companies listed on a recognised stock
exchange; and
(b) In any other case, a minimum of 65% of the total proceeds of such fund is invested in the
equity shares of domestic companies listed on a recognised stock exchange.
The percentage referred above shall be computed with reference to the annual average of
the monthly averages of the opening and closing figures. Additionally, in case of high premium
ULIPs, the requirement of investing in equity products needs to be fulfilled throughout the
term of the policy [see para 7.8 for detailed discussion on taxability of such policies].
6.7-1b. Fund of Funds
Fund of Funds (FoF), as the name suggests, is a mutual fund scheme that invests in other
schemes of mutual funds. These funds create a portfolio of other mutual funds. The portfolio
is designed to suit investors across risk profiles and financial goals. The diversification of funds
helps with reducing the risks to a certain extent.
6.7-1c. ELSS Funds
Equity Linked Saving Scheme (ELSS) is a category of mutual funds that encourage long-term
equity investments. Through the ELSS scheme, the Government sought to improve equity
participation by allowing tax-deductible investment in equity-based mutual funds. ELSS
investment schemes help the investors to save Income-tax that’s why they are also known as
tax-saving funds. The Income-tax Act allows a deduction under Section 80C to the extent of
Rs. 1.5 lakh in respect of investment made in ELSS.
ELSS funds invest a large percentage of their portfolio in the equity shares. They have a
compulsory lock-in period of 3 years, which is the shortest amongst all tax-saving instruments.
6.7-1d. Systematic Investment Plan (‘SIP’)
SIP (Systematic Investment Plan) is a mutual fund tool and is one of the easiest ways through
which any common man can enter the stock market. It is an investment strategy wherein an
investor needs to invest some amount of money in a particular mutual fund at every
stipulated time period, say, once a month or once a quarter. To understand the concept of
SIP, one can compare it with a recurring deposit with the bank where one puts in a small
amount every month.
6.7-1e. Systematic Withdrawal Plan (‘SWP’)
Systematic Withdrawal Plan (SWP) is used to redeem the investment from a mutual fund
scheme in a phased manner. SWP is the opposite of SIP. SWP pays investors a specific amount
of payout at pre-determined time intervals, like monthly, quarterly, half-yearly or annually.
Mutual Fund SWPs’ provide the assurance of paying a fixed amount. Choosing the SWP helps
investors customize their cash flow as per need. The capital gain arising from the withdrawals
is taxable.
6.7-1f. Systematic Transfer Plan (‘STP’)
Systematic Transfer Plan (STP) allows the investor to transfer the amount from one scheme
to another scheme of the same mutual fund house. An STP transfers a fixed amount of money
from one mutual fund to another. STPs can only transfer money between two mutual fund
schemes of the same Asset Management Company (AMC).
6.7-2. Taxation of Mutual Funds
Mutual Funds can provide earnings in two forms - Capital Gains and Dividends. The profit
arising from the redemption or sale of units of the mutual fund is referred to as capital gains.
The tax treatment of other returns from mutual fund depends on the type of fund, i.e., equity-
oriented fund or debt fund. In this chapter, we have discussed the taxation of equity-oriented
Mutual Funds. See Para 5.8-2 for taxability of Debt Mutual Funds.
6.7-3. Tax on dividend from equity-oriented mutual funds
Dividend received by a resident unit-holder from a mutual fund shall be taxable in his hands
as per applicable tax rates (for normal tax rates, see Annexure E). An investor is allowed to
claim a deduction of interest expenditure incurred to earn that dividend income to the extent
of 20% of the total dividend income. No further deduction shall be allowed for any other
expenses including commission or remuneration paid to a banker or any other person to
realise such dividend.
Where the dividend is received by a non-resident person or foreign company, the dividend
shall taxable in their hands at a special rate of 20% plus surcharge & cess (refer Annexure E
for relevant rates), subject to provisions of DTAA. Where the dividend is received by an FPI in
respect of units purchased in foreign currency or where the dividend is received by a specified
fund, the tax rate shall be 10%. The non-resident person or foreign company or FPI or
specified fund, as the case may be, shall not be allowed to deduct any expenditure from such
income. Further, deduction under Chapter VIA (i.e., section 80C to 80U) shall not be allowed
from such income.

or Foreign
Company
115AB Offshore fund Dividend from units of mutual fund purchased in 10%
foreign currency
115AD Specified Fund Dividend income from any security (other than 10%
6.7-4. Tax on long-term capital gains from equity-oriented mutual funds covered under
Section 112A
Capital gain refers to the difference between the value at which an investor purchased the
units of a mutual fund scheme and the value at which these units are sold or redeemed. Units
of Equity Oriented Fund are treated as long-term capital asset if they are held for more than
12 months immediately preceding the date of transfer.
Tax on long-term capital gain arising from the transfer of equity-oriented mutual funds
depends on payment of securities transaction tax (STT) at the time of transfer. If STT is paid at
the time of transfer then no tax shall be payable if the amount of capital gain earned during
the year does not exceed Rs. 1,00,000. Where the amount of capital gain exceeds Rs. 1,00,000
then the excess amount shall be chargeable to tax at concessional rate of 10% plus surcharge
& cess (see Annexure E for relevant rates). The condition of payment of STT at the time of
transfer shall not be applicable if the transaction of sale of units is undertaken on a recognised
stock exchange located in an International Financial Services Centre (IFSC) and the
consideration for such transfer is received or receivable in foreign currency.
6.7-4a. Cost of acquisition of units of equity oriented mutual funds acquired on or
before 31-01-2018
The Finance Act 2018 grandfathered the investments made on or before 31-01-2018 as the
long-term capital gains arising from the sale of units of listed equity oriented mutual funds
were previously exempt from tax. The concept of grandfathering under this provision works
as per the following mechanism.
If units of equity oriented mutual funds were acquired on or before 31-01-2018, the cost of
acquisition of such units shall be higher of the following:
(a) The actual cost of acquisition of units of equity oriented mutual funds; or
(b) Lower of the fair market value of such asset as on 31-01-2018 or full value of the
consideration received as a result of the transfer of units of equity oriented mutual funds.
The highest price of units quoted on a recognized stock exchange as on 31-01-2018 is taken
as the fair market value. If there is no trading in such units on such exchange on 31-01-2018,
the highest price of such units on a date immediately preceding 31-01-2018, when such units
were traded, shall be its fair market value. In case such unit is not listed on a recognised stock
exchange as on 31-01-2018, the net asset value of such unit as on the said date shall be
treated as its fair market value.
Example 8: Mr A (resident in India) acquired 5,000 listed units of an equity oriented mutual
fund on 01-05-2017 for Rs. 200 per unit. He sold the units on 01-06-2021 for Rs. 300 per unit
through the recognised exchange and paid STT on such transaction. The FMV of the units as
on 31-01-2018 was Rs. 225 per unit. Compute the amount of income arising to Mr A from the
transfer of units of equity oriented mutual funds and tax thereon.
Answer:
Particulars Amount
Period of holding (from 01-05-2017 to 31-05-2021) +36 Months
Nature of capital gain (period of holding is more than 12 months) Long term capital gain
Sale price (5,000 * Rs. 300 per unit) Rs.15,00,000
Cost of acquisition [Note 1] Rs. 11,25,000
Long term capital gain Rs. 3,75,000
Tax rate † 10%
† The amount of capital gain in excess of Rs. 100,000 shall be chargeable to tax at a
concessional rate of 10% as per section 112A.
Note 1: As the units were acquired by Mr A on or before 31-01-2018, the cost of acquisition
of such units shall be higher of the following:
(a) The actual cost of acquisition of units of equity oriented mutual funds, that is, Rs.
10,00,000 (5,000 units * Rs. 200); or
(b) Lower of the FMV of such asset as on 31-01-2018, that is, Rs. 11,25,000 (5,000 units * Rs.
225) or full value of the consideration received as a result of the transfer of units of equity
oriented mutual funds, that is, Rs. 15,00,000 (5,000 units * Rs. 300)
Thus, the cost of units shall be Rs. 11,25,000.
6.7-4b. Cost of acquisition of units of equity oriented mutual funds acquired on or

after 01-02-2018
The cost of acquisition of units of equity oriented mutual funds, which are acquired on or
after 01-02-2018, shall be computed as per general principles of Section 55, that is, the actual
cost for which it is acquired by the assessee.
6.7-5. Tax on long-term capital gains from equity-oriented mutual funds not covered
under section 112A
If STT is not paid at the time of transfer of equity-oriented mutual funds then tax shall be
charged at the rate of 20% plus surcharge & cess (see Annexure E for relevant rates). Further,
capital gain shall be computed after taking the benefit of indexation.
6.7-6. Tax on short-term capital gain from equity-oriented mutual fund
Short-term capital gains arising from the sale of units of equity-oriented mutual funds are
taxable at the rate of 15% plus surcharge & cess (see Annexure E for relevant rates) if securities
transaction tax is paid at the time of sale of such securities. However, the condition of
payment of STT at the time of transfer shall not be applicable if the transfer is undertaken on
a recognised stock exchange located in an International Financial Services Centre (IFSC) and
the consideration for such transfer is received or receivable in foreign currency. Further, no
deductions under Chapter-VIA (i.e., deduction under Section 80C to 80U) shall be allowed
from such income.
In case STT is not paid at the time transfer of equity-oriented mutual funds then short-term
capital gain shall be chargeable to tax at normal rates as applicable in case of an assessee.
Example 9: Mr X purchased 10,000 units of equity oriented mutual funds at the rate of Rs.
250 each per unit on 01-04-2020 through a recognised stock exchange. He had taken a loan
of Rs. 20,00,000 to purchase such units. He paid Rs. 1,60,000 as interest on such a loan during
the year. He received dividend of Rs. 50 per unit on 15-03-2021. Thereafter, he sold the units
for Rs. 280 per unit on 01-06-2021 through a recognised stock exchange and paid STT on such
transaction. Discuss the tax implications in the hands of Mr X.
Answer:
Computation of dividend income

Particulars Amount
Number of units [A] 10,000
Dividend declared per unit [B] Rs. 50
Total dividend received [C=A * B] Rs. 500,000
Interest paid to earn dividend [D] Rs. 160,000
Maximum deduction allowable [E = C * 20%] Rs. 100,000
Income taxable as dividend income [C - E] Rs. 400,000
Tax rate Normal slab rate
Particulars Amount
Nature of gains (period of holding is more than 12 months) Long term capital gain
Sale price (10,000 units * Rs. 280) Rs. 28,00,000
Less: Cost of acquisition (10,000 units * Rs. 250) Rs. 25,00,000
Tax rate on capital gain† 10%
†As STT has been paid at the time transfer of units, capital gain shall be chargeable to tax
at the rate of 10% under section 112A of the Income-tax Act, 1961. The tax shall be charged
on the amount of capital gain exceeding Rs. 100,000.
6.8 TAX TREATMENT OF DERIVATIVES
Derivatives are financial products whose value is derived from the real asset. The value of the
derivative would replicate the value of the real asset. An equity derivative is a class of
derivatives whose value is derived from one or more underlying equity securities. Trading in
derivatives, popularly known as Future and Options (F&O), is quite popular among investors
who invest in the stock market.
A ‘future’ is a contract for buying or selling underlying security, commodity or index, on a

future date, at a price specified today, and entered into through a formal mechanism on an
exchange. The terms of the contract are specified by the exchange.
An ‘option’ is a contract that gives the right, but not an obligation, to buy or sell the underlying
security or index on or before a specified date, at a stated price. Options are categorized into
2 categories - Call Options and Put Options. Option, which gives the buyer a right to buy the
underlying asset, is called ‘Call option’ and the option which gives the buyer a right to sell the
underlying asset, is called ‘Put option’.
In the case of derivatives, the transactions are ultimately settled without the actual delivery
of underlying security or index. These derivative transactions are not treated as speculative if
transactions are carried in a recognised stock exchange through a stock-broker or sub-broker
or such other intermediary registered with SEBI. Further, the contract note issued by such a
broker or intermediary to the client should indicate the unique client identity number and
PAN of the client and should be time-stamped.
6.8-1. Types of Derivative Contracts
Commonly used derivatives are Futures, Options, Forwards and Swaps. These are briefly
defined below:
6.8-1a. Futures Contract
A futures contract is an agreement between parties to buy or sell an underlying asset in future
at a fixed price. Such underlying asset can be a commodity, stock, currencies, etc. Futures
Contract or ‘futures’ are standardized and traded on a futures exchange thus counterparty
risk if any is taken care of by the exchange mechanism.
6.8-1b. Options Contract
An option contract gives the right, but not an obligation to do something in future. The buyer
of the option contract is required to pay an upfront fee called option premium. There are two
types of options:
(a) Call option which gives the right but not an obligation to buy an asset by a certain date for
a certain price;
(b) Put option gives the right but not an obligation to sell an asset by a certain date for a
certain price.
6.8-1c. Forward Contracts
It is a contract between two parties, wherein settlement takes place on a specified date in
future at an agreed price. Each contract is customized and unique in terms of contract size,
expiry and asset type and quality. Thus forward contracts are known as OTC (Over-the-
counter) between parties without the exchange mechanism.
6.8-1d. Swaps
These are private agreements between parties to exchange cash flows in the future according
to a pre-arranged formula. They can be regarded as portfolios of forward contracts. The two
commonly used swaps are:
a) Interest rate swaps: It entails swapping only in the interest related cash flows between
parties in the same currency like floating rate with a fixed rate of interest;
b) Currency swap: This entails swapping both principal and interest between the parties,
with the cash flow in two different currencies.
6.8-1e. Currency Derivatives
Currency derivatives are exchange-based futures and options contracts that allow hedging
against currency movements. Currency derivatives are a contract between the seller and
buyer, whose value is to be derived from the underlying asset, that is, the currency value.
In India, one can use such derivative contracts to hedge against currencies like the Dollar,
Euro, U.K. Pound and Yen. Corporates, especially those with significant exposure to imports
or exports, use these contracts to hedge against their exposure to a certain currency.
6.8-1f. Interest Rate Derivative
Interest Rate Derivative is a financial derivative contract whose value is derived from one or
more benchmark interest rates, price, interest rate instruments, or interest rate indexes.
Interest rate derivatives (IRDs) contracts can be traded either on:
a) Recognized Stock Exchanges; or

b) Over-the-Counter. It refers to all transactions done outside of recognized stock
exchanges and shall include transactions on Electronic Trading Platforms (ETP).
6.8-1g. Commodity derivative
Commodity derivative is a contract to buy or sell a commodity at a preset price for delivery
on a future date. Unlike equity futures, almost all commodity contracts, barring a few (like
crude oil and natural gas) result in compulsory delivery.
The Finance Act, 2020 had amended the definition of “taxable commodities transaction” as a
transaction of sale of commodity derivatives or sale of commodity derivatives based on prices
or indices of prices of commodity derivatives or option on commodity derivatives or option in
goods in respect of commodities, other than agricultural commodities, traded in recognised
stock exchange. The intention behind introducing CTT was to bring parity between the
derivative trading in the securities market and the commodity market.
Trading in derivatives including commodity derivatives is regulated by the Securities Contract

(Regulation) Act, 1956 (SCRA). Apart from numerous regional exchanges, India has five
national commodity exchanges namely, Multi Commodity Exchange (MCX), National
Commodity and Derivatives Exchange (NCDEX), Indian Commodity Exchange (ICEX), National
Stock Exchange (NSE) and Bombay Stock Exchange (BSE).
6.8-2. Nature of Derivative Income
The gains or losses arising from trading in F&O are always taxable under the head 'Profits and
Gains from Business or Profession'. The Income-tax Act classifies the business income into
'speculative' and 'non-speculative'. Though Income arising from speculative transactions are
taxable under the head PGBP, yet they are treated differently and rigorously from non-
speculative business income. Any loss arising from speculative transaction could be set off
only from speculative income.
A transaction is deemed as speculative if it is periodically or ultimately settled otherwise than

through actual delivery or transfer. However, Section 43(5) has specifically excluded certain
derivative transactions from the meaning of speculative transaction as these instruments are
used for hedging underlying assets. Thus, income or loss from dealing in F&O shall be deemed
as normal business income (non-speculative business) even though delivery is not effected in
such transactions. Consequently, any loss arising from F&O can be set off against any normal
business income. The business income of an assessee is charged to tax at normal rates as
applicable in case of an assessee.
However, securities held by FPIs are always treated as capital asset. Therefore, any profit and
gains arising to FPI from derivative transactions shall always be taxable under the head capital
gain. Generally, the derivatives can be held for a maximum period of 3 months. Therefore,
any gain or loss arising to an FPI from dealing in derivatives shall be chargeable to tax as short-
term capital gain or loss. The tax rate on short-term capital gain shall be 30% plus surcharge
& cess (see Annexure E for relevant rates) as per section 115AD of the Income-tax Act. No
deduction under Chapter VI-A (i.e., deduction under section 80C to 80U) shall be allowed to
the FPIs from such income.
6.8-3. Computation of Turnover
The Income-tax Act does not contain any provision or guidance for computation of turnover
in F&O trading. However, the Guidance Note on Tax Audit issued by the ICAI prescribes the
method of determining turnover which shall be as under:
a) The total of favourable and unfavourable differences is taken as turnover.

b) Premium received on sale of options is also to be included in turnover.
c) In respect of any reverse trades, the difference thereon should also form part of the
turnover.
The computation of turnover is a very important factor as the applicability of tax audit is
determined on the basis of turnover. Also, if the taxpayer is opting for the presumptive
taxation scheme under section 44AD (subject to total turnover not exceeding Rs. 2 crores),
he can declare the profit at the rate of 6% of such turnover in case of receipts in cheque or
any digital modes or 8% of turnover in case of cash receipts.
6.8-4. Scheme of Taxation
The income from F&O trading can be offered to tax under the normal scheme of taxation or
the presumptive scheme of taxation under Section 44AD (subject to total turnover not
exceeding Rs. 2 crores). Under the presumptive scheme, the investor can choose to declare
the profits at the rate of 6% of turnover as the payment is always received through banking
channels. The presumptive income computed as per the prescribed rate is the final income
and no further expenses will be allowed or disallowed. Also, the person opting for this scheme
is not required to maintain the books of accounts prescribed under section 44AA and get them
audited. Further, he can pay 100% of the advance tax in a single instalment up to 15 th March
of the relevant financial year.
6.8-5. Set-off and Carry Forward of Losses
The losses from the trading of F&O, if treated as a normal business loss, can be set off against
the income from the other heads. However, the business loss cannot be set off against the
income from salary.
The unabsorbed loss can be carried forward up to 8 Assessment years. It can be set off only
against the business income in the subsequent years. It is important to note that the assessee
is entitled to carry forward the business loss provided the return of income is filed on or
before the due date. If such return is not filed within the prescribed due date, the right to
carry forward and set-off is lost.
Example 10: X Fund, a foreign portfolio investor (FPI), purchased 1 call option of X Ltd. at a
premium of Rs. 35 per share on 01-06-2021. The details of the call option are as follows:
Lot size per option 1,000 shares
Exercise price Rs. 450 per share
Date of expiry 24-06-2021
Determine the taxability in the following situation:

Situation 1: It exercised the call option to buy shares of X Ltd. on 15-06-2021 and such shares
were subsequently sold for Rs. 550 each on 30-11-2021.
Situation 2: It transferred such an option for Rs. 30 per share on 10-06-2021.
Situation 3: It transferred such option for Rs. 37 per share on 10-06-2021
Situation 4: It does not transfer or exercise the call option and, therefore, contract was settled
by the stock exchange on expiry, that is, 24-06-2021 when premium for this option was
prevailing at Rs. 10 per share.
Answer:
The taxability in aforesaid situations shall be as follows:
Situation 1: Option exercised
Computation of capital gains on transfer of shares
Particulars Amount
Period of holding (from 15-06-2021 to 29-11-2021) 5.5 Months
Nature of capital gain (period of holding is less than 12 months) Short term capital
gain
Sale price [1,000 * Rs. 550] Rs. 550,000
Cost of Acquisition (Exercise price + Premium paid for call Rs. 485,000
option) [1,000 * (450 + 35)] [B]
Short term capital gain [C = A - B] Rs. 65,000
Tax rate on capital gain [D] 30%
Situation 2: Option transferred at a loss

Computation of capital loss on transfer of option
Particulars Amount
Period of holding (from 01-06-2021 to 09-06-2021) Less than 1
month
Nature of capital asset Short-term capital
asset
Sale price (1,000 * Rs. 30) [A] Rs. 30,000
Cost of Acquisition (1,000 * Rs. 35) [B] Rs. 35,000
Short-term capital loss [C = A - B] (Rs. 5,000)
Situation 3: Option transferred at gain

Computation of capital gain on transfer of option
Particulars Amount
Period of holding (from 01-06-2021 to 09-06-2021) Less than 1 month
Nature of capital asset Short-term capital asset
Sale price (1,000 * Rs. 37) [A] Rs. 37,000
Short-term capital gain [C = A - B] Rs. 2,000
Tax rate [D] 30%
Situation 4: Option expired
Computation of capital loss on settlement of option on expiry
Period of holding (from 01-06-2021 to 24-06-2021) Less than 1 month
Nature of capital asset (period of holding is less than 12 months) Short term capital
asset
Sale price (1,000 * Rs. 10) [A] Rs. 10,000
Short term capital loss [C = A - B] (Rs. 25,000)
Example 11: Mr A (resident in India) is engaged in the trading of shares and derivatives. He
purchased 5 call option of Z Ltd. at a premium of Rs. 22 per share on 01-05-2021. The details
of the call option are as follows:
Lot size per option 1,000 shares
Exercise price Rs. 200 per share
Date of expiry 27-05-2021
Determine the taxability in the hands of Mr A if he exercised 2 call options on 14-05-2021 to

buy 2,000 shares of Z Ltd. at the exercise price. He subsequently sold such shares for Rs. 250
each on 30-07-2021. The remaining 3 call options were sold at a premium of Rs. 27 per share.
Answer:
As Mr A is trading in shares and derivatives, any income arising from shall be taxable as normal
business income. The computation of business income shall be as follows:
Computation of business income or loss
Particulars Amount
Sale price of shares (2,000 * Rs. 250) [A] Rs. 500,000
Sale price of option (3,000 * Rs. 27) [B] Rs. 81,000
Total Sale consideration [C = A + B] Rs. 581,000
Cost of acquisition of shares (2,000 * Rs. 200) [D] Rs. 400,000
Cost of acquisition of option (5,000 * Rs. 22) [E] Rs. 1,10,000
Total purchase cost [F = D + E] Rs. 510,000
Business Income [G = C - F] Rs. 71,000
6.9 DIVIDEND STRIPPING
Dividend stripping is an attempt to reduce the tax liability by an investor who invests in
securities (i.e., shares, stock or debentures, etc.) and units shortly before the record date and
getting a dividend/income, and exiting after the record date at a price lower than the price at
which such securities/units were purchased and incurring a short-term capital loss. The
strategy behind dividend stripping is a two-way strategy wherein the investor gets tax free
dividend/income on one hand and on the other hand he incurs a short-term capital loss on
sale which is allowed to be set off and carry forward against any other capital gain.
To curb the aforesaid malpractice, provisions of Section 94(7) had been inserted under
Income-tax Act to provide that where any person buys or acquires any securities or unit within
a period of 3 months before the record date and subsequently sells or transfers such securities
within a period of 3 months or units within a period of 9 months, after such date then, the
loss, if any, arising to him on account of such purchase and sale of securities or unit, to the
extent such loss does not exceed the amount of dividend or income received or receivable on
such securities or unit, shall be ignored to compute his income chargeable to tax.
6.10 BONUS STRIPPING
Similar to dividend stripping, ‘Bonus Stripping’ is a practice where a person buys securities or
units just before the record date to get bonus securities or units on basis of such holding and
sold the original units after the record date at a price lower than the price at which securities
or units were purchased and incurring a short-term capital loss.
To curb this practices, section 94(8) was inserted under Income-tax Act to provide that where
any person acquires any securities or unit of within a period of 3 months before the record
date and is allotted bonus securities or units on such date then any loss arising on transfer of
original securities or units shall be ignored to compute his income chargeable to tax if he
transfers such securities or units within a period of 9 months after the record date while
continuing to hold all or any of the bonus securities or units.
Further, the amount of loss so ignored shall be deemed to be the cost of purchase or
acquisition of bonus securities or units held by him on the date of transfer of original units.
Example 12: Mr Ravi purchased 1,000 units of an equity oriented mutual fund at Rs. 106 per
unit as on 01-07-2020. Thereafter, the mutual fund declared allotment of bonus units of 1:1
on 01-09-2020, that is, the person holding 1 unit gets 1 bonus unit. After getting the bonus
units, Mr Ravi sold the original 1,000 units on 01-04-2021 at a price of Rs. 95 per unit.
Answer:
In the given example, Mr Ravi had acquired the units of a mutual fund within 3 months before
the record date of allotment of bonus units and sold the same within 9 months after the
record date while continuing to hold the bonus units. Thus, any loss arising on transfer of
original units shall be ignored to compute his income chargeable to tax and the amount of
loss so ignored shall be deemed to be the cost of purchase or acquisition of bonus units held
by him.
The loss arising on transfer of original units shall be Rs. 11,000 [1,000 units * (Rs. 106 – Rs.
95)] shall be ignored. Consequently, the cost of acquisition of 1,000 bonus units so allotted
shall be deemed to be Rs. 11,000, and, accordingly, per unit cost shall be Rs. 11.
6.11 MEANING OF SECURITIES, UNIT, AND RECORD DATE FOR DIVIDEND/BONUS
STRIPPING
The terms ‘securities’, ‘unit’, and ‘record date’ are defined for the purpose of Dividend and
Bonus stripping as under:
6.11-1 Meaning of Securities
“Securities” is defined to include includes stocks and shares. Further, it is provided that
securities shall be deemed to be similar if they entitle their holders to the same rights against
the same persons as to capital and interest and the same remedies for the enforcement of
those rights, notwithstanding any difference in the total nominal amounts of the respective
securities or in the form in which they are held or in the manner in which they can be
transferred.
6.11-2 Meaning of Unit
‘Unit’ is defined to mean:
(a) Unit of a Business Trust; or
(b) Unit of a Mutual Fund or UTI; or
(c) Beneficial interest (including shares or partnership interest) of an investor in

an Alternative Investment Fund.
6.11-3 Meaning of Record Date
‘Record date’ means a date fixed by—
(a) a Company; or
(b) a Mutual Fund; or
(c) a Business Trust; or
(d) an Alternative Investment Fund
for the purposes of entitlement of the holder of the securities or units to receive dividends or
income, or additional securities or units without any consideration.
6.12 BENEFITS NOT ALLOWED FROM CAPITAL GAINS
Income-tax Act provides for concessional tax rates in respect of long-term capital gain and
certain short-term capital gains. Long-term capital gain is generally chargeable to tax at a
concessional rate of 20%. However, under certain circumstances, the tax on long-term capital
gain is further reduced to 10%.
Short-term capital gain is generally chargeable to tax at normal rates. However, the short-term
capital gain arising from the transfer of specified securities, being equity shares, units of an
equity-oriented mutual fund, high premium ULIPs and units of REITs or InVITs is chargeable to
tax at a concessional rate of 15% (subject to payment of securities transaction tax).
As Income-tax Act provides for concessional tax rates in respect of long-term capital gain as well
as short-term capital gain from transfer specified securities, certain benefits are not allowed
while computing such capital gains.
6.12-1. Benefits not allowed from long-term capital gain chargeable to tax at the rate of
20%
No deduction shall be available under Sections 80C to 80U from the long-term capital gains
taxable at the rate of 20% under Section 112.
6.12-2. Benefits not allowed from long-term capital chargeable to tax at the rate of 10%
Following benefits shall not be allowed from the long-term capital gains taxable at the rate
of 10% under Section 112A, 115AC, 115ACA, 115AB, 115AD and 115E.
6.12-2a. No benefit of indexation
Usually for computation of cost of acquisition, in case of long-term capital assets, the
indexation benefit is available. However, in this case, the indexation benefit shall not be
available.
6.12-2b. No computation in foreign currency
Mode of computation of capital gain in foreign currency as available in the case of a non-
resident while computing capital gains arising from the transfer of a capital asset, being shares
in, or debentures of, an Indian company, purchased in foreign currency shall not be allowed
when the long-term capital gain is chargeable to tax at concessional rate of 10%.
6.12-2c. No deduction under Section 80C to 80U
No deduction shall be available under Sections 80C to 80U from the long-term capital gains
taxable at the rate of 10%.
6.12-2d. No Section 87A rebate from long-term capital gain covered under section 112A
Rebate under Section 87A is not available from income-tax payable on long-term capital gain
covered under Section 112A, i.e., the long-term capital gain arising from transfer of specified
securities, being equity shares, units of an equity-oriented mutual fund, high premium ULIPs
and units of REITs or InVITs chargeable to Securities Transaction Tax. However, the rebate
shall be allowed from the tax payable on the total income as reduced by tax payable on such
capital gains.
6.12-3. Benefits not allowed from short-term capital gain chargeable to tax at the rate of
15% under section 111A and 115AD
6.12-3a. No computation in foreign currency in case of FPIs
Mode of computation of capital gain in foreign currency as available in the case of a non-
resident while computing capital gains arising from the transfer of a capital asset, being shares
in, or debentures of, an Indian company shall not be allowed in case of FPIs.
6.12-3b. No deduction under Section 80C to 80U
No deduction shall be available under Sections 80C to 80U from the short-term capital gains
chargeable to tax at a concessional rate of 15%.
6.13 ADJUSTMENT OF EXEMPTION LIMIT FROM CAPITAL GAIN
The total income of a resident being an individual or a resident HUF is not chargeable to tax
up to the maximum exemption limit. Thus, if the total income of a resident individual or HUF,
as reduced by the amount of long-term capital gains referred to in Section 112 and 112A or
short-term capital gains covered under section 111A, is less than maximum exemption limit,
the amount of such capital gains shall be reduced by that amount that would enable the
individual or HUF to fully claim the maximum exemption limit.
For example, if the total income of a resident individual (excluding long-term capital gains) is
Rs. 1,85,000 and long-term capital gain from the sale of unlisted shares is Rs. 2,50,000, the
tax under this provision shall be computed on Rs. 1,85,000. The maximum exemption limit in
case of a resident individual is Rs. 2,50,000 and total income falls short of this limit by Rs.
65,000. The amount of long-term capital gain shall be reduced by Rs. 65,000 and the
remaining amount, i.e., Rs. 1,85,000 (Rs. 2,50,000 less Rs. 65,000) shall be charged to tax.
6.14 OVERVIEW OF TAXATION OF EQUITY PRODUCTS
Product Period of Tax on short-term capital gain Tax on long-term capital gain [Note 1]
holding to In case of In case of In case of In case of In case of In case of
qualify for resident non- FPIs or resident non-resident FPIs or
long-term resident Specified Specified
capital asset fund Note 6 fund Note 6
(in months)
Listed equity 12 15% 15% 15% 10% [Note 2] 10% [Note 2] 10% [Note 2]
shares
(STT Paid)
Listed equity 12 Normal Normal 30% 20% with 20% with 10%
shares tax rate tax rate indexation indexation
(STT not paid) or 10% or 10%
without without
indexation indexation
Unlisted 24 Normal Normal 30% 20% with 10%without 10%
shares tax rate tax rate indexation indexation
and forex
fluctuation
Listed 12 Normal Normal 30% 20% with 20% with 10%
Preference tax rate tax rate indexation indexation
shares or 10% or 10%
without without
Unlisted 24 Normal Normal 30% 20% with 10% without 10%
Preference tax rate tax rate indexation indexation
shares and forex
fluctuation
GDRs [Note 3] 36 Normal Normal 30% 10% under 10% under 10%
tax rate tax rate section section
115ACA and 115AC and
20% with 20% with
indexation in indexation in
other cases other cases
Share - Normal Normal 30% - - -
warrants [Note 4] tax rate tax rate
Equity 12 15% 15% 15% 10% [Note 2] 10% [Note 2] 10% [Note 2]
Oriented
Mutual Funds
(if STT Paid)
Equity 12 Normal Normal 30% 20% with 20% with 10%
Oriented tax rate tax rate indexation Indexation
Mutual Funds
(if STT not Paid)
Derivatives - - - 30% - - -
[Note 5]
Note 1: Where the long-term capital gain is charged to tax at the rate of 20%, the benefit of
indexation shall be allowed at the time of computing capital gain to assessees. Further, a
non-resident assessee, who has acquired shares or debentures in foreign currency, shall be
allowed to compute capital gain in foreign currency in case of transfer of shares or
debentures of an Indian company. However, if the long-term capital gain is charged to tax at
the rate of 10% then no benefit of indexation and foreign currency fluctuation shall be
allowed while computing capital gain.
Note 2: Tax on long-term capital gain arising from transfer of equity shares, units of equity
oriented mutual fund, high premium ULIPs or units of REITs/ InVITs, chargeable to STT, shall
not be levied if the aggregate amount of long-term capital gain earned during the year from
transfer of said capital assets does not exceed Rs. 1,00,000.
Note 3: Tax rate in case of conversion of GDR into other security would be same as applicable
at the time of transfer of GDRs.
Note 4: Tenure of share warrants shall not exceed 18 months from the date of their allotment
in the IPO or Right Issue or FPO, as the case may be. Thus, short-term capital gain shall arise
in every situation on transfer of share warrants or conversion thereof into shares.
Note 5: Income from derivatives is considered as business income in case of every person
other than FPIs and tax is charged as applicable tax rates. Transfer of derivatives would not
lead to arise of long term capital gains as the maximum holding period of derivatives is 3
months. However, in case of FPIs, the resultant gains from derivatives shall always be short-
term capital gains.
Note 6: Specified funds mean Category III Alternative Investment Fund located in IFSC, entire
units of which are held by non-residents (other than units held by sponsors or managers) or
investment division of banking unit granted a certificate of registration as Category – I FPI as
located in IFSC.
6.15 OVERVIEW OF BENEFITS NOT AVAILABLE FROM CAPITAL GAINS

Capital Gain Indexation Foreign Deduction Rebate under
Currency under Chapter Section 87A*
Fluctuation VI-A
Long-term capital gain chargeable to tax at No No No No
the rate of 10% under section 112A
Long-term capital gain chargeable to tax at No No No Yes
the rate of 10% under any other provision
Long-term capital gain chargeable to tax at Yes Yes No Yes
the rate of 20% under Section 112
Short-term capital gain chargeable to tax at No Yes No Yes
the rate of 15% under section 111A
Short-term capital gain chargeable to tax at No No No No
the rate of 30% in case of FPIs or specified
fund under section 115AD
Short-term capital gain chargeable to tax as No Yes Yes Yes
per applicable rates
* Rebate under Section 87A shall be allowed to an assessee being a resident Individual Only.
Review Questions:
1. Investment is equity products may generate.
(a) Dividend Income

(b) Capital Gains
(c) Both dividend & capital gains
(d) Neither dividend & capital gains
2. In case of a Non-resident or Foreign Company dividend income is charged to tax at

_______.
(a) 10 percent
(b) 20 percent
(c) 30 percent
(d) Not Taxable
3. Which of the following are key features of a Global Depository Receipt (GDR)?
(a) Issuing company is an Indian Co.

(b) GDRs are listed on stock exchanges outside India
(c) GDRs are tradeable & transferable
(d) All of these
4. The buyer of an option Contract is required to pay an upfront fee which is known as
_____.
(a) Premium
(b) Face Value
(c) Surcharge
(d) Cess
CHAPTER 7: TAXATION OF OTHER PRODUCTS46
 Tax aspects of Employee Stock Ownership (ESOPs)

 Tax aspects Sovereign gold bonds
 Tax aspects Annuities (NPS Tier 1 & Tier 2)
 Exchange Traded Funds (ETFs)
 Alternate Investment Funds (AIF)
 Real Estate Investment Trusts (REITs)
 Infrastructure Investment Trust (InvITs)
 Other Derivative Products
7.1 TAXATION OF EMPLOYEES STOCK OPTION PLAN (“ESOP”)
7.1-1. Introduction to ESOP
Employee Stock Option Plans (“ESOPs”) are given to retain brilliant employees and to
acknowledge their proven contribution to the company. Whenever ESOPs are issued,
employees get the right to purchase a certain number of securities of the employer company
at a discounted price (i.e., less than the market price of such shares). It allows employees to
have a stake in the company, which ensures higher loyalty and motivation for the employees
to work. The option provided under this scheme confers a right but not an obligation on the
employee.
Such an option to purchase shares can be exercised only after the vesting period. Such vesting
period is the time period an employee must wait to get the right to buy those specified
number of shares. Upon vesting of options, employees can exercise the options to acquire
shares by paying the pre-determined exercise price.
7.1-2. Why are ESOPs given?
Generally, employers offer ESOPs as an award to employees to retain top talent. Thus, it
serves a twin-fold purpose both for the company and the employees. It acts as a motivation
tool for the employees. After owning a stake in the company, they feel responsible for the
performance of the company. It helps the employer to retain the top talent and assure the
right level of performance in work.
taxability of these FPIs and Funds refer chapter 10 and Chapter 11.
ESOPs are quite popular amongst start-ups that cannot afford to pay huge salaries to
employees in their initial phase and, accordingly, such start-ups offer ESOPs instead of
monetary benefits to the top employees. ESOPs have been a significant component of the
compensation for the employees of start-ups, as it allows the founders and start-ups to
employ highly talented employees at a relatively low salary amount with the balance being
made up via ESOPs.
7.1-3. Terms of ESOP
The employer-company does not charge anything at the time of offering ESOPs to employees.
Such an option given to the employee can be exercised after a certain lock-in period, which is
generally more than one year.
The right to exercise ESOP may get vested in the employee on future dates. The dates on
which the employee becomes entitled to exercise the right to acquire the shares is called
“vesting date”.
Example 1, On April 1, Year 00, XYZ India Private Limited grants ESOP to its employee Mr A to
purchase 1,000 shares at a pre-determined price of Rs 100 per share. The date of vesting of
ESOP is April 1, Year 04. Thus, Mr A can exercise the right to exercise shares on or after April
1, Year 04.
In the case of ESOPs, employees are given an option to exercise such option, and it is not
compulsory for them to exercise such ESOP.
The employee is given a time period during which he has to exercise the option failing which
the vested rights may lapse. The date on which the employees exercise their option to buy
the shares is known as ‘exercise date’.
7.1-4. Tax implications of ESOPs
The taxation of ESOPs is split into two components:
7.1-4a. At the time of allotment of shares
Any company responsible for paying salaries to employees shall deduct tax at the time of
payment of such salary at the average rate of tax. The definition of salary also includes
perquisites provided by the employer to employees. The value of any share allotted to an
employee either free of cost or at a concessional rate would be treated as perquisite.
The first tax instance shall arise at the time of allotment of shares. When an employee
exercises the option, the difference between the Fair Market Value (“FMV”) of the shares on
the date the option is exercised and the amount paid by the employee for such share, is
taxable as perquisite in the year of allotment. Here, it is be noted that though the tax is levied
at the time of allotment of shares the FMV of the shares on the date of allotment of the shares
is not relevant for the calculation of perquisite value. In other words, the FMV of shares at
the time of exercising of option is considered for calculation of perquisite and not the FMV of
shares at the time of allotment of shares. We can consider the following step-by-step
treatment to determine the value of perquisite arising from ESOP:
Step 1: Determine the Fair Market Value of shares on the date on which the employee
exercises the option. It may be noted that the Fair Market Value of shares on the date of
vesting shall not be considered.
 Where the securities offered under ESOP are ‘equity shares’
The Fair Market Value of Equity Shares on the date of exercise of ESOP shall be computed in
accordance with the following:
Scenarios Fair Market Value
Where shares are listed on one stock exchange on Average of the opening price and closing price
the date of exercising of ESOP of the share on that date on the stock
exchange
Where shares are listed on more than one stock Average of opening price and closing price of
exchange on the date of exercising of ESOP the share on that stock exchange which
records the highest volume of trading in the
share on that date
Where on the date of exercising of ESOP there is  The closing price of the share on the stock
no trading in shares in the stock exchange exchange on a date closest to the date of
exercising of ESOP and immediately
preceding such date; or
 In case the closing price of the share is
recorded on more than one recognized
stock exchange, the closing price on the
stock exchange records the highest
volume of trading in such share as on the
date closest to the date of exercising of the
option and immediately preceding such
date.
Where shares are not listed on a stock exchange Value of share as determined by a
merchant banker on:
 The date of exercising of ESOP; or
 Any date earlier than the date of the
exercising of the option, not being a date,
which is more than 180 days earlier than
the date of the exercising of option.
 Where the securities allotted under ESOP are ‘other than equity shares’
The fair market value of any specified security, not being an equity share in a company, on
the date on which the option is exercised by the employee, shall be such value as determined
by a merchant banker on:
 The date of exercising of the option; or

 Any date earlier than the date of exercise of option, not being a date which is more than
180 days earlier than the date of the exercising of option.
Step 2: Determine the pre-determined value of shares paid or to be paid by the employee to
the employer at the time of exercising of option.
Step 3: Value of perquisite = (Step 1 – Step 2) * Number of shares exercised by the employee
Example 2, ABC India Private Limited has issued ESOP to Mr B during the financial year 2021-
22. Calculate the value of perquisite based on the following data:
Particulars Amount
Date of granting of ESOP 01-04-2018
Vesting Period 01-04-2018 to 31-03-2021
Date of Exercise of ESOP 10-05-2021
Fair Market Value as on March 31, 2020 6,000
Fair Market Value as on May 10, 2021 6,500
Number of ESOP exercised 100
Pre-determined price to be paid by the employee to the 500
employer
Value of perquisite [(Rs. 6,500 – Rs. 500) * 100] Rs 600,000
Example 3, Mr Rahul is working with MNO Private Limited. He was given ESOP on 01-06-2018
to purchase 1,000 shares at a discounted price of Rs. 500 per share. The vesting period was
from 01-06-2018 to 31-03-2021. He exercised the option on 31-03-2021. The Fair Market
Value of such shares on the said date was Rs. 7,000 on NSE and Rs 7,500 on BSE. The BSE has
recorded the highest volume of trading in such shares. The Company allotted him 1,000
shares on 30-04-2021. The fair market value of the share on the date of allotment was Rs
6,000 on NSE and Rs 6,500 on BSE. The NSE has recorded the highest volume of transactions
on that date. Calculate the value of perquisite.
Answer: The fair market value of shares on the date of exercising of option is considered for
valuation of perquisite, but the perquisite value is taxable in the financial year in which shares
are allotted. Thus, the perquisite value shall be considered on basis of FMV existing on 31-03-
2021 but it will be taxable in the financial year 2021-22, being the year in which shares are
allotted to Mr Rahul. Since shares are listed on more than one stock exchange, their fair
market value shall be the price of shares on the stock exchange, which records the highest
volume of transaction. The value of perquisite shall be Rs. 70,00,000 [(Rs. 7,500 – Rs. 500) *
1,000].
7.1-4b. At the time of sale of shares
The second tax implication shall arise when the employees sell shares allotted under ESOP.
The resultant gains shall be taxable under the head capital gains. The taxability of capital gains
shall depend on the type of share and the period of holding of such share.
The period of holding of shares shall be the period commencing from the date of allotment
of shares, and not from the date of exercising of option, ending on the date employees sell
the shares. Further, the fair market value of shares on the date of exercising the option shall
be taken as the cost of acquisition of such shares to compute the capital gain.
Example 4, Mr John exercised the ESOP on 01-04-2018, and the shares are allotted to him on
01-05-2018. He sold such shares on 01-04-2021. The period of holding of such shares shall be
counted from 01-05-2018 (and not from 01-04-2018) till 31-03-2021. However, for computing
the cost of acquisition, the fair market value of shares as on 01-04-2018, being the date of
exercising of ESOP, shall be considered.
The capital gains from the transfer of shares allotted under the ESOPs shall be computed as
per the following provisions:
a) Equity shares chargeable to STT (long-term capital assets): Where shares allotted under
ESOPs are equity shares, and the employees sell them after holding them for more than
12 months and paid STT on same, the resultant long-term capital gains shall be taxable
under Section 112A. The period of holding of such shares shall be counted from the date
of allotment of shares to employees under ESOP. The long-term capital gains, to the
extent it exceeds Rs. 1,00,000 shall be taxable at the concessional rate of 10% plus
surcharge and cess (see Annexure E for relevant rates). If shares are listed on a recognized
stock exchange but STT is not paid at the time of transfer of such share (i.e., Over-the-
Counter sale) the resultant long-term capital gains shall be taxable as per first proviso to
Section 112(1), that is, at 20% with indexation or 10% without indexation. To know more
about Section 112A and Section 112, see Para 6.2.
b) Equity shares chargeable to STT (short-term capital assets): Any short-term capital gains
arising from the sale of equity shares allotted under ESOP on which STT has been paid
shall be taxable at the rate of 15% plus surcharge and cess (see Annexure E for relevant
rates) under Section 111A. To know more about Section 111A, see Para 6.2.
c) Unlisted equity shares not chargeable to STT (long-term capital assets): Where equity
shares, which are not chargeable to STT, are sold by employees after holding it for a period
of more than 24 months, the resultant long-term capital gains will be taxable at the rate
of 20% plus surcharge and cess (see Annexure E for relevant rates) under Section 112 after
providing the benefit of indexation. Period of holding of such shares shall be counted from
the date of allotment of shares to employees under ESOP. In case of unlisted shares of a
closely held company, a non-resident assessee has to pay tax at the rate of 10% without
claiming the benefit of indexation and foreign currency fluctuation. To know more about
Section 112, see Para 6.3.
d) Equity shares not chargeable to STT (short-term capital assets): Any short-term capital
gains arising from the sale of equity shares, which are not chargeable to STT, shall be
taxable as per the Income-tax slab rate applicable to the taxpayer. To know more, see
Para 6.3.
e) Other securities: In case of any other security issued by the employer, taxability would
depend on the nature of security issued (already discussed in previous chapters). In case
of debt securities such as bonds and debentures, see Chapter 5, in case of other securities,
see Chapter 6.
7.1-5. Deferment of tax on perquisite value of ESOPs in case of Start-ups
ESOPs are a significant component in the compensation of the employees of start-ups as it

allows start-ups to employ highly talented employees at a relatively low salary amount with
the balance being paid via ESOPs. The taxability of ESOPs arises in the hands of the employee
at two stages. Firstly, when shares are allotted to the employee on exercising his right to apply
for the shares under ESOPs and, secondly, when such shares are sold by the employee.
At the time of allotment of shares, the difference between the fair market value of shares on
the date of exercising the option and the amount paid by the employee for such shares is
taxable as perquisite under Section 17(2)(vi) of the Income-tax Act and chargeable to tax
under the head salary. Consequently, the employer is required to include the amount of
perquisite in the salary of the employee and deduct tax thereon under Section 192 in the year
in which shares are allotted.
As employees do not get any immediate benefit from the shares allotted under the ESOPs,
the deduction of tax thereon in the year of allotment itself was very burdensome for them as
it reduces the cash flow in their hand. To reduce the burden of taxes, the Finance Act, 2020
amended Section 192 (TDS on salary), Section 140A (self-assessment tax), Section 191 (direct
payment of tax by the employee) and Section 156 (notice of demand) so to defer the
deduction and payment of tax on income in the nature of perquisites arising from ESOPs for
eligible start-ups as referred to in Section 80-IAC.
Section 192, contains provisions for deduction of tax by the employer from salary of the
employee, provides that an eligible start-up as referred to in Section 80-IAC shall deduct tax
from income arising in the nature of perquisites from ESOPs within 14 days from the
happening of any the following events (whichever is earlier):
a) after the expiry of 48 months from the end of the Assessment year relevant to the
previous year in which shares are allotted under ESOPs;
b) From the date the assessee ceases to be the employee of the organization; or
c) From the date of sale of shares allotted under ESOP.
For this purpose, the tax shall be deducted on the basis of rates in force for the financial year
in which shares are allotted or transferred under ESOPs.
A similar amendment has been made to section 191 and section 156 to provide that if an
employer does not deduct tax on perquisite arising from ESOPs, then tax shall be payable by
the employee directly within the period mentioned above either voluntarily or in response to
a notice of demand. Consequent amendments have also been made to Section 140A to
provide that tax on perquisite arising from ESOPs shall be appropriately taken into account
while computing the self-assessment tax at the time of filing of return.
7.1-5a. Meaning of an eligible start-up
Only an eligible start-up as referred to in Section 80-IAC and its employees would get the
benefit of deferment of TDS and tax payment on perquisite arising from ESOPs. As per Section
80-IAC, an eligible start-up can only be a company or limited liability partnership (LLP)
engaged in innovation, development or improvement of products or processes or services or
a scalable business model with a high potential of employment generation or wealth creation.
Further, it has to satisfy the following conditions:
1. It must be incorporated on or after 01-04-2016 but before 01-04-202347;

2. Total turnover shall not exceed Rs. 100 crores48 in the previous year for which deduction
under Section 80-IAC is claimed; and
3. It must hold a certificate of eligible business from the Inter-Ministerial Board of
Certification.
47 The Finance Act, 2022 has extended the outer date from 01-04-2022 to 01-04-2023.
48The turnover limit has been increased from Rs. 25 crores to Rs. 100 crores by the Finance Act, 2020
The meaning of an eligible start-up is defined differently in the notification issued by DPIIT
and in Section 80-IAC, which has been explained in the below table.
Particulars Definition as per DPIIT Definition as per section 80-

IAC
Incorporation The start-up should be The start-up should be
incorporated as a: incorporated as a:
 Company  Company
 LLP  LLP
 Partnership Firm
Date of Incorporation No condition as to the date of Should be incorporated
incorporation between 01-04-2016 and 31-
03-2023
Eligible Business The entity should be working Same
towards innovation,
development or improvement of
products or processes or
services, or if it is a scalable
business model with a high
potential of employment
generation or wealth creation.
Tenure An entity is considered as an An entity is considered as an
eligible start-up up to 10 years eligible start-up for the
from the date of deduction up to 10 years from
incorporation/registration. the beginning of the year in
which it is incorporated or
registered.
Total Turnover Turnover of entity for any of the Turnover of entity for any of
financial years since the financial years in which
incorporation/registration deduction is claimed should
should not exceed Rs. 100 crores. not exceed Rs. 100 crores.
Reorganization The entity should not be formed The entity should not be
by splitting up or reconstruction formed by splitting up or
of an existing business. reconstruction of an existing
business except in a situation
specified in section 33B.
Second-hand plant or No condition as to the status of Value of second-hand plant
machinery plant or machinery purchased for and machinery should not
the business exceed 20% of the total value
of plant and machinery used in
the business
Benefit of deferment of Not allowed Allowed
TDS on perquisites
arising from ESOPs
7.1-5b. Mechanism for deferment of tax on perquisite arising from ESOPs
Though the Government has provided for deferment of tax and TDS on perquisite arising from
ESOPs. But no amendment has been made to Section 17(2)(vi) which provides for
chargeability of perquisite arising from ESOPs under the head "salary". Thus, perquisite arising
from ESOPs shall be treated as income of an employee of the year in which shares are allotted
but no tax would be required to be deducted or paid in that respect by the employer and
employee, respectively.
Due to deferment of tax, employee shall not be required to pay tax in the year of allotment
of securities under ESOP. However, the tax so deferred shall be required to be disclosed in
the ITR. The tax to be payable on the salary income, excluding the perquisite value of ESOPs,
should be computed as per following formula.
Total income excluding

Tax payable on salary Tax on total income
ESOPs perquisites
income excluding ESOPs = including ESOPs X
Total income including
perquisite perquisites
ESOPs perquisites
Example 5, Mr A, working in an eligible start-up company, has been allotted 100,000 shares
at the rate of Rs. 10 per share under the ESOP scheme in the Financial Year 2021-22. The fair
market value of shares at the time of exercising of option by Mr A is Rs. 100. The perquisite
value of ESOPs taxable in the hands of Mr A shall be Rs. 90 Lakhs [100,000 shares* (Rs. 100 –
Rs. 10)]. The annual salary of Mr A (excluding perquisite value of ESOPs) in that year is Rs. 40
Lakhs. He continues with the company even after the expiry of 48 months from the end of
the assessment year in which shares are allotted and he does not sell the shares even after
the expiry of said period. What shall be the mechanism for deferment of TDS and tax on
perquisite value of ESOPs in such a case?
a) Assessment Year 2022-23
Mr A shall not be liable to pay any tax on the perquisite value of ESOPs, i.e., Rs. 90 lakhs in
the year of allotment of shares. However, the tax so deferred shall be required to be disclosed
in the Return of Income. The tax to be payable on the salary income, excluding the perquisite
value of ESOPs, shall be computed in the following manner:
Total Income before including perquisite value of ESOPs (A) 40,00,000
Add: Perquisite Value of ESOPs (B) 90,00,000
Total Income after including perquisite value of ESOPs (C) 1,30,00,000
Tax on Rs. 1.30 crores as per slab rates applicable for Assessment Year 37,12,500
2022-23 as per old taxation regime (D)
Add: Surcharge [E = D * 15%] 5,56,875
Add: Education Cess [F = (D + E) * 4%] 1,70,775
Total tax liability for Assessment Year 2022-23 after considering perquisite 44,40,150
value of ESOPs [G = D + E + F]
Tax liability attributable to salary income (excluding the perquisite of 13,66,200
ESOPs) [G * A / C]
b) Assessment Year 2027-28
As Mr A continues with the company after the expiry of 48 months from the end of the
Assessment Year in which shares are allotted and he does not sell the shares even after expiry
of said period, the liability to deduct tax or make payment of tax on perquisite value of ESOP
will arise in the Assessment Year 2027-28, i.e., after the expiry of 48 months from the end of
the Assessment year (2022-23) in which shares are allotted. TDS shall be deducted within 14
days from the end of the assessment year 2026-27. The tax liability for the Assessment Year
2027-28 shall be computed as under:

Total tax liability for Assessment Year 2022-23 after considering perquisite 44,40,150
value of ESOPs
Less: Tax already paid at the time of filing of return for the Assessment Year 13,66,200
2022-23 excluding the tax liability attributable to ESOPs
Differential amount to be deducted or paid by the employer or employee 30,73,950
in the Assessment Year 2027-28 towards the tax liability attributable to
ESOPs
In this regard, the Government has amended the Income-tax return forms. Part B of Schedule
TTI (Computation of tax liability on total income) seeks the disclosure of the tax amount which
has been deferred in this respect.
7.1-5c. Consequences in case of failure to deduct or pay tax on perquisite value of ESOPs
Section 191 of the Act provides that where a person who was liable for deduction of tax at
source fails to deduct or after deduction fails to pay such tax to the credit of the central
government, he shall be deemed as assessee-in-default. In such a case, the assessee shall be
liable for payment of taxes directly. If he fails to make direct payment of such tax, he shall
also be deemed as assessee-in-default.
Consequently, they could be liable for the following consequences:
Particulars Employer Employee

Interest 1% per month for failure to deduct tax or 1.5% 1% per month [Section
per month for failure to pay tax [Section 220(2)]
201(1A)]
Penalty Amount of tax which he fails to deduct or pay Up to the amount of tax in
(Section 271C) and the amount as Assessing arrears (Section 221)
Officer may direct (Section 221)
Prosecution For a period not less than 3 months but which -
may extend to 7 years and with a fine (Section
276B)
However, the employer will not be treated as an assessee-in-default if the employee:
(a) Has furnished his return of income under Section 139;

(b) Has taken into account such sum for computing income in such return of income; and
(c) Has paid the tax due on the income declared by him in such return of income,
and furnishes a certificate to this effect from an accountant in Form 26A.
In such a case, the employer shall be liable to pay interest as stated in the table above only
from the date on which such tax was deductible to the date of furnishing of return of income
by the employee.
7.2 SOVEREIGN GOLD BOND SCHEME

7.2-1. Introduction
Sovereign Gold Bonds (SGBs) are government securities, which are denominated in grams of
gold. They are substitutes for holding physical gold. Investors have to pay the issue price in
cash, and the bonds will be redeemed in cash on maturity. Reserve Bank of India issues the
bond on behalf of the Government of India. The quantity of gold for which the investor pays
is protected, as the investor receives the market price of gold on redemption.
The SGB offers a superior alternative to holding gold in physical form. The risks and costs of
storage are eliminated. Investors are assured of the market value of gold at the time of
maturity and periodical interest. SGB is free from issues like making charges and purity. The
bonds are held in the books of the RBI or Demat form eliminating the risk of loss of scrip, etc.
7.2-2. Who can invest in the SGBs?

The Sovereign Gold Bonds49 may be held by a Trust, HUFs, Charitable Institution, University
or by a person resident in India, being an individual, in his capacity as such individual, or on
behalf of a minor child, or jointly with any other individual. An individual investor whose
residential status subsequently changes from resident to non-resident may continue to hold
SGB till the original term of redemption/maturity.
7.2-2a. Meaning of ‘Person resident in India’
The expression ‘person resident in India’ shall have the same meaning as defined in Section
2(v) of the Foreign Exchange Management Act, 1999.
7.2-2b. Meaning of ‘Trust’
‘Trust’ means a trust constituted or formed as per the Indian Trusts Act, 1882, or a public or
private trust constituted or recognized under the provisions of any Central or State law for
the time being in force and also an express or constructive trust constituted for either a public
religious or charitable purpose or both which includes a temple, math, a wakf, a church, a
synagogue, agiary or any other place of public religious worship, or a dharmada or any other
religious or charitable endowment and also society, formed either for a religious or charitable
purpose or for both, registered under the Societies Registration Act, 1860 or under any other
law for the time being in force in India.
7.2-2c. Meaning of ‘Charitable Institution’
‘Charitable Institution’ means a Company registered under Section 25 of the Indian

Companies Act, 1956 or under Section 8 of the Companies Act, 2013; or an institution, which
has obtained a Certificate of Registration as a charitable institution in accordance with a law
in force; or Any institution which has obtained a certificate from an Income Tax Authority
under Section 80G of the Income Tax Act, 1961.
7.2-2d. Meaning of University
University means a university established or incorporated by a Central, State or Provincial Act,

and includes an institution declared under Section 3 of the University Grants Commission Act,
1956, to be a university for the purposes of the Act.
49 Sovereign Gold Bond Scheme 2022-23 notified vide Notification G.S.R. 454(E), dated 15-06-2022.
7.2-3. Rate of interest of SGBs
The bonds bear interest at the rate of 2.50 per cent (fixed rate) per annum on the nominal
value of the bond. Interest will be credited -half-yearly to the bank account of the investor,
and the last interest will be payable on maturity along with the principal.
7.2-4. Limit of investment
The Bonds are issued in denominations of one gram of gold and multiples thereof. The
minimum investment in the Bond shall be one gram with a maximum limit of subscription of
4 kg for individuals, 4 kg for Hindu Undivided Family (HUF) and 20 kg for trusts and similar
entities notified by the government from time to time per fiscal year (April – March).
In case of joint holding, the limit applies to the first applicant. The annual ceiling will include
bonds subscribed under different tranches during initial issuance by Government and those
purchased from the secondary market. The investment limit will not include the holdings as
collateral by banks and other Financial Institutions.
7.2-5. Maturity
The gold bonds will mature on the expiration of 8 years from the date of issue of the bonds.
On maturity, the Gold Bonds shall be redeemed in Indian Rupees, and the redemption price
shall be based on the simple average of the closing price of gold of 999 purity of previous
three working days from the date of repayment, published by the India Bullion and Jewelers
Association Limited. Both interest and redemption proceeds will be credited to the bank
account furnished by the customer at the time of buying the bond. The RBI/depository shall
inform the investor one month in advance, about the date of maturity of the Bond.
7.2-6. Premature redemption
Though the tenor of the bond is 8 years, early encashment/redemption of the Bond is allowed
after the fifth year from the date of issue of bond. Such repayments will be made on the next
interest payment date. The bond will be tradable on Exchanges if held in Demat form. It can
also be transferred to any other eligible investor.
7.2-7. Collateral for loans
These securities are eligible to be used as collateral for loans from banks, financial Institutions
and Non-Banking Financial Companies (NBFC). The Loan to Value ratio will be the same as
applicable to conventional gold loan prescribed by the RBI from time to time. Granting a loan
against SGBs would be subject to the decision of the bank/financing agency, and cannot be
inferred as a matter of right.
7.2-8. Tax implications on SGBs
7.2-8a. Interest income
The interest received on the sovereign gold bond shall be chargeable to tax under the head
‘Income from other sources’ and taxed as per the tax rates applicable in case of an assessee.
(For tax rates applicable in case of various persons, see Annexure E).
However, any payment of interest on SGBs would not attract any TDS as they are Government
Securities. Thus, investors would receive the full amount of interest on SGBs in their bank
accounts. Currently, SGBs pay an interest of 2.5% per annum on the nominal value of the
bond and interest is credited half-yearly to the bank account of the investor.
7.2-8b. Capital gain on redemption
SGBs have a tenor of 8 years. The redemption of the SGBs is treated as transfer, thus, charged
to capital gains tax. However, Section 47 of the Income-tax Act provides an exemption for
such capital gain arising from the redemption of SGBs to an individual investor.
However, investors can go for pre-mature redemption of SGBs after the fifth year from the
date of issue. Any capital gains arising to an investor other than an individual on redemption
of SGBs (whether on maturity or pre-mature redemption) shall be taxable as a long-term
capital gain. As SGBs are listed on stock exchanges in India, the investor has an option to
compute the capital gain with or without taking the benefit of indexation. If the benefit of
indexation is taken, then tax shall be charged at the rate of 20% otherwise at the rate of 10%.
Example 6, Mr X purchased SGBs for Rs 5 lakhs. He received Rs. 6 lakhs on their redemption.
The capital gain arising on such redemption shall not be charged to tax in the hands of Mr X
as he is an Individual. However, if the capital gain is arising to trust, then it shall be charged
to tax at the rate of 20% if the assessee takes the benefit of indexation while computing the
capital gain. Otherwise, the tax shall be charged at the rate of 10%.
It is to be noted that if a person buys SGBs from the secondary market and not from the
primary issue, the taxability on redemption would remain the same.
7.2-8c. Capital gain on transfer
Sovereign Gold Bonds are listed on stock exchanges in India. Thus, a person can transfer the
SGBs in the secondary market. The profit or loss arising on the transfer of SGBs shall be
chargeable to tax under the head capital gain. If the SGBs are transferred after holding for
more than 12 months, the resultant gains shall be taxable as a long-term capital gain.
Whereas, if the SGBs are transferred within 12 months then the gains shall be treated as a
short-term capital gain.
Short-term capital gain arising on the transfer of SGBs is charged to tax at normal tax rates as
applicable in case of an assessee. Long-term capital gain is charged to tax at the rate of 20%
if the benefit of indexation is taken while computing capital gain otherwise tax is charged at
the rate of 10%. In addition to the basic tax rate, surcharge and cess would be levied (see
Annexure E for relevant rates).
The taxability shall remain same in case of off-market transactions. Further, it is to be noted
that even an individual shall be liable to pay tax on capital gains arising on the transfer of SGBs
as exemption has been provided only in case of redemption and not on transfer of SGBs.
7.2-8d. Indexation of cost of acquisition of SGBs
In the case of the transfer of a long-term capital asset, the cost of acquisition of the capital
asset is adjusted to reduce the impact of indexation. Such adjustment in the cost is called the
indexed cost of acquisition which is calculated in a two-step process. The first step is to
multiplied with the CII of the year in which capital asset is transferred and divided by CII of
the year in which asset is first held by the assessee or CII of 2001-02, whichever is later.
The scheme of indexation does not apply to any transfer of a bond or debenture. Thus, even
if the bond or debenture is a long-term capital asset, the deduction is allowed only for the
simple cost of such bonds or debenture. However, Capital Indexed Bonds issued by the
Government and Sovereign Gold Bond issued by RBI under the Sovereign Gold Bond Scheme
are exceptions for this. Indexation scheme remains applicable to such bonds.
The notified Cost Inflation Index (“CII”) for different years are given in Annexure I.
Example 7: Mr X purchased 100 SGBs at its nominal value of Rs. 425,000 on 28-04-2019. The
SGBs carry an interest rate of 2.5% per annum on the nominal value of bond. The interest is
payable at half-yearly intervals on 28th October and 28th April every year. The bonds are
redeemable on 28-04-2027 with the option for early redemption after the 5th year from the
date of issue of bonds.
What shall be the tax implications in the hands of Mr X in the following scenarios?
1. He holds SGBs till maturity;

2. He transfers SGBs in the secondary market on 01-04-2020 for Rs. 450,000; or
3. He transfers SGBs in the secondary market on 29-10-2020 for Rs. 5,00,000.
Answer
Situation 1: SGBs held till maturity

As per Section 47 of the Income-tax Act, the redemption of SGBs by an Individual is not treated
as a transfer. Thus, no capital gain shall arise in such a case. However, the interest received
or receivable on SGBs is chargeable to tax in the hands of the investor at the applicable rates.
Thus, Mr X shall be liable to pay tax on the interest amount. For instance, for the financial
year 2020-21, the interest amount taxable in the hands of Mr X shall be Rs. 10,625 (425,000
* 2.5%).
Situation 2: SGBs transferred in the secondary market on 01-04-2020
Mr X transferred SGBs for Rs. 450,000 on 01-04-2020 before the due date of payment of half-
yearly interest on 28-04-2020. The sales consideration shall include the amount of interest
accrued to him from the last coupon date to the date of transfer of SGBs, that is, from 29-10-
2019 to 31-03-2020. As interest is taxable under the head ‘Income from other sources’, the
amount of interest accrued shall be reduced from the amount of consideration to compute
the capital gain arising on the transfer of SGBs.
The amount of interest accrued to Mr X before the date of transfer of SGBs shall be Rs. 4,512
(Rs. 425,000 * 2.5% * 155/365 days). The resultant value shall be the sale price of SGBs, that
is, Rs. 445,488 (Rs. 4,50,000 – Rs. 4,512). The capital gain shall be computed as follows:
Computation of capital gain on transfer of SGBs

Nature of capital gain Short term capital gain
Sale price Rs. 4,45,488
Less: Cost of acquisition Rs. 4,25,000
Short term capital gain Rs. 20,488
Tax on capital gain Normal slab rate
Situation 3: SGBs transferred in the secondary market on 29-10-2020
The amount of interest taxable in hands of Mr X in the financial year 2020-21 shall be Rs.
6,142 (Rs. 425,000 * 2.5% * 211/365 days).
As SGBs were transferred the next day after the due date of payment of half-yearly interest,
no interest shall accrue to Mr X from the last coupon date to the date of transfer of SGBs.
Thus, the interest amount shall not be reduced from the consideration received on transfer
of SGBs. Further, as Mr X has transferred SGBs after holding for more than 12 months, the
nature of capital gain shall be long-term capital gain. The tax on long-term capital gain arising
from SGBs depends on whether the assessee takes the benefit of indexation or not while
computing the capital gain. Thus, Mr X has the following two options:
A) Option 1: Benefit of Indexation is claimed
Particulars Amount
Sale price [A] 500,000
Cost of Acquisition [B] 425,000
Indexed cost of acquisition [C = B * 301/289] 442,647
Long term capital gain [D = A - C] 57,353
Tax rate on capital gain [E] 20%†
Tax on capital gain [F = D * E] 11,470
†
As benefit of indexation has been claimed, capital gains shall be chargeable to tax at the rate of
20% as per Section 112 of the Income-tax Act, 1961.
B) Option 2: Benefit of Indexation is not claimed

Particulars Amount
Sale price [A] 500,000
Cost of Acquisition [B] 425,000
Long term capital gain [D = A - C] 75,000
Tax rate on capital gain [E] 10%†
Tax on capital gain [F = D * E] 7,500
†
As the benefit of indexation has not been claimed, capital gains shall be chargeable to tax at the
rate of 10% as per section 112 of the Income-tax Act, 1961.
Since tax liability is lower when Mr X does not take benefit of indexation, it is advisable that
he pays tax at the rate of 10% without claiming the benefit of indexation.
7.3 NATIONAL PENSION SYSTEM

7.3-1. Introduction
Retirement planning requires disciplined saving, vigilant investment to build a sufficient

retirement corpus and its judicious drawdown in the post-retirement phase. This can be
achieved by joining a pension/retirement plan at an early stage so that when a person retires
from active work life, he gets a regular stream of income in the form of pension or annuity for
his life.
National Pension System (NPS) is a voluntary, defined contribution retirement savings scheme
designed to enable the subscribers to make optimum decisions regarding their future through
systematic savings during their working life. It is administered and regulated by Pension Fund
Regulatory and Development Authority (PFRDA). NPS seeks to inculcate the habit of saving
for retirement amongst the citizens. It is an attempt towards finding a sustainable solution to
the problem of providing adequate retirement income to every citizen of India.
Under the NPS, individual savings are pooled into a pension fund which is invested by PFRDA
regulated professional fund managers as per the approved investment guidelines into the
diversified portfolios comprising of government bonds, bills, corporate debentures and
shares. These contributions would grow and accumulate over the years, depending on the
returns earned on the investment made.
At the time of normal exit from NPS, the subscribers may use the accumulated pension wealth
under the scheme to purchase a life annuity from a PFRDA empanelled life insurance company
apart from withdrawing a part of the accumulated pension wealth as lump-sum, if they
choose so.
7.3-2. Features of NPS
NPS offers a range of investment options and a choice of Pension Fund Manager (PFMs) for
planning the growth of investments in a reasonable manner. Individuals can switch over from
one investment option to another or from one fund manager to another subject to certain
regulatory restrictions.
When anyone opens an account with NPS, he gets a Permanent Retirement Account Number
(PRAN), which is a unique number and it remains with the subscriber throughout his lifetime.
NPS provides two types of accounts to the subscribers - Tier I and Tier II. Tier I is a mandatory
retirement account, whereas Tier II is a voluntary saving account associated with PRAN of the
subscriber. Tier II offers greater flexibility in terms of withdrawal, unlike the Tier I account,
the subscriber can withdraw from the Tier II account at any point of time.
7.3-3. Eligibility of NPS
Any citizen of India, whether resident or non-resident can join NPS whose age is between 18
– 65 years as on the date of submission of his/her application. The citizens can join NPS either
as an individual or as an employee-employer group(s) (corporates) subject to the submission
of all required information and KYC documents.
A Non-Resident Indian and OCI (Overseas Citizens of India) can also open an NPS account. A
contribution made by an NRI is subject to regulatory requirements as prescribed by the RBI
and FEMA from time to time. However, PIO (Person of Indian Origin) cardholders are not
eligible to open an NPS account. If the subscriber’s citizenship status changes, his/her NPS
account would be closed.
7.3-4. How to open an NPS account?
An individual citizen or an employee of corporates (providing NPS to their employees) can

open an NPS account either online or by visiting Points of Presence - Service Providers (POP-
SP) registered with PFRDA.
7.3-4a. Online (eNPS)
To open an NPS account online through eNPS platform, an eligible person must have a PAN
card. Further, he must have either a savings/current bank account or any other account such
as Demat/Mutual Fund/Insurance etc. (in case of non-Bank POPs). If any bank is selected as
POP then the internet banking facility must be enabled for the account of the person with
such bank.
7.3-4b. Offline through POP-SP
An eligible person who wants to open an NPS account can go to his nearest POP-SP and submit
the PRAN application along with the KYC documents. Currently, almost all banks (both private
and public sector) are registered to act as POP-SP apart from several other financial
institutions.
7.3-5. Features of Tier I and Tier II NPS Account
Under the NPS account, two types of accounts – Tier I & II are provided (NRI’s can open only
Tier-I Account). It is mandatory for a subscriber of NPS to open a Tier I account and contribute
therein every financial year. However, the opening of a Tier II account and contributing
therein is at the option of the subscriber. The salient features of the Tier-I and Tier-II account
can be explained with the help of the following table:
Particulars Tier I Account Tier II Account

Eligibility Any citizen of India (whether A subscriber who has an active
resident or non-resident) can Tier I account can activate a Tier
open a Tier I Account. II account. However, Non-
resident Indians (NRIs) cannot
activate Tier II account.
Contribution A minimum contribution of Rs. No minimum contribution is
1,000 is required every year. required every year. However,
initially, a subscriber has to
contribute a minimum of Rs.
1,000 to activate Tier II account.
Withdrawal Withdrawal is allowed after a Amount can be freely withdrawn
certain lock-in-period and that from the Tier II account.
too subject to certain conditions
Tax Benefits Subscribers shall be entitled to There is no tax benefit for the
deduction under section 80CCD investment made in Tier II NPS
at the time of contributing to Account except Government
NPS. Further, no tax shall be employees who are entitled to
levied at the time of withdrawal deduction under section 80C in
of lump-sum amount from NPS. respect of contribution made by
them in Tier II account.
However, deduction shall be
allowed subject to conditions
specified under the scheme
notified in this behalf.
7.3-6. Tax treatment of contribution to NPS
7.3-6a. Employee’s contribution to NPS
When contribution to NPS is made by the employee himself, the deduction shall be allowed
under Section 80CCD(1) which shall be lower of the amount contributed by the employee to
NPS or 10% of salary. An additional deduction of Rs. 50,000 over and above this limit is
allowed under Section 80CCD(1B) to an employee for the amount deposited by him to his NPS
account.
* For this purpose, ‘salary’ includes dearness allowance (if terms of employment so provide)
but excludes all other allowances and perquisites.
7.3-6b. Employer contribution to NPS
When contribution to the NPS is made by the employer, such contribution is taxable in the
hands of the employee and included in his salary income. However, deduction shall be
allowed under Section 80CCD(2) to the employee for such contribution which shall be lower
of the amount contributed by the employer to NPS, or 14% of salary in case of Central or State
Government employee or 10% of salary in case of any other employee.
* ‘Salary’ for the purpose of contribution by the employer and employee shall mean basic
salary, dearness allowance (if terms of employment so provide). All other allowance or
perquisites will not be part of salary for calculation.
The Finance Act, 2020 introduced a cap on the maximum contribution an employer can make
towards recognized provident fund (PF), National pension scheme (NPS) and Superannuation
fund (hereinafter collectively referred to as ‘employee welfare schemes’). With effect from
Assessment Year 2021-22, the contribution to employee welfare schemes in excess of Rs.
750,000 shall be taxed as a perquisite in the hands of the employees. Further, the annual
accretion by way of interest, dividend or any other amount of similar nature in respect of such
excess shall also be taxable as perquisite. The annual accretion shall be computed as per Rule
3B.
Rule 3B provides that the annual accretion related to the excess contribution made by the
employer to welfare funds shall be computed by using the following formula:
TP = (PC/2) × R + (PC1+ TP1) × R
Where,
(a) TP = Taxable perquisite under section 17(2)(viia) for the current previous year;
(b) TP1 = Aggregate of taxable perquisite under section 17(2)(viia) for the previous year(s)
commencing on or after 01-04-2020 other than the current previous year.
(c) PC = Aggregate of the principal contribution made by the employer in excess of Rs.
7.50 lakh to the employee’s welfare funds during the previous year;
(d) PC1 = Aggregate of the principal contribution made by the employer in excess of Rs.
7.50 lakh to the employee’s welfare funds for the previous year(s) commencing on or after
01-04-2020 other than the current previous year;
(e) R = I/ Favg;
(f) I = Aggregate of income accrued during the current previous year in the employee’s
welfare funds;
(g) Favg = (Aggregate of balance to the credit of the employee’s welfare funds on the first
day of the current previous Year + Aggregate of balance to the credit of the employee’s
welfare funds on the last day of the current previous year)/2
Where the aggregate of TP1 and PC1 exceeds the aggregate of balance to the credit of the
specified fund or scheme on the first day of the current previous year, then the amount in
excess of the aggregate of amounts of the said balance shall be ignored to compute the
aggregate of amounts of TP1 and PC1.
In simple words, the perquisites arising from the annual accretion on the employer’s
contribution to welfare funds shall be the average return (I/Favg) on the sum of:
(a) ½ of the current year’s contribution in excess of Rs. 750,000;
(b) Contribution in excess of Rs. 750,000 up to last year; and
(c) Accretion taxable as perquisite up to last year.
If the sum of (b) and (c) exceeds the opening balance of the fund, it shall be restricted to such
opening balance.
Let us understand this with the help of an example:
Particulars Recognized National Superannuation Total

provident fund pension fund
scheme
2020-2021
Opening Balance 5,00,000 4,50,000 8,50,000 18,00,000
Employer’s 2,50,000 3,00,000 2,50,000 8,00,000

contribution
Income Accrued 60,000 60,000 88,000 2,08,000
Closing Balance 8,10,000 8,10,000 11,88,000 28,08,000
2021-2022
Opening Balance 8,10,000 8,10,000 11,88,000 28,08,000
Employer’s 3,00,000 3,50,000 2,75,000 9,25,000

contribution
Income Accrued 88,800 92,800 1,17,040 2,98,640
Closing Balance 11,98,800 12,52,800 15,80,040 40,31,640
2022-2023
Opening Balance 11,98,800 12,52,800 15,80,040 40,31,640

Employer’s 3,50,000 4,00,000 3,00,000 10,50,000
contribution
Particulars Recognized National Superannuation Total

provident fund pension fund
scheme
Income Accrued 1,23,904 1,32,224 1,50,403 4,06,531
Closing Balance 16,72,704 17,85,024 20,30,443 54,88,171
Particulars Reference 2020-2021 2021-2022 2022-

2023
Opening Balance (A) - 18,00,000 28,08,000 40,31,640
Employer’s - 8,00,000 9,25,000 10,50,000

contribution (B)
Excess contribution [C = PC 50,000 1,75,000 3,00,000

B – 7,50,000]
Income accrued during I 2,08,000 2,98,640 4,06,531

the year (D)
Closing Balance (E = A + Favg 28,08,000 40,31,640 54,88,171

B + D)
Average of opening and - 23,04,000 34,19,820 47,59,906

closing balance [F = (A
+ E)/2]
Perquisites (accretion TP1 - 2,257 14,461

income) up to last year
(G)
Perquisites (excess PC1 - 50,000 2,25,000

contribution) up to last
year (H)
Aggregate of - - 52,257 2,39,461

perquisites [I = G + H]
Annual accretion of TP 2,257 12,204 33,263

current year [J =
(C/2+I)*(D/F)]
7.3-6c. Contribution to Tier II account by Central Govt. employees
Any contribution made by Central Govt. employees to the Tier II NPS shall be allowed as tax
deduction under Section 80C. However, such contribution to NPS shall be made for a fixed
period of at least 3 years. The maximum amount of deduction allowed under this section shall
be Rs. 1,50,000.
7.3-6d. Contribution to NPS by a self-employed person
When contribution to the NPS is made by a self-employed individual, the deduction shall be
allowed under Section 80CCD which shall be lower of the amount contributed by him to NPS
or 20% of his gross income. An additional deduction of Rs. 50,000 over and above this limit is
allowed under Section 80CCD(1B) to such an individual for the amount deposited by him to
his NPS account.
7.3-6e. Threshold limit for deduction in respect of contribution to NPS
The total deduction under Section 80C, 80CCC and 80CCD(1) shall be limited to Rs. 1,50,000.
This limit of Rs. 1,50,000 is not applicable in respect of:
1. The contribution made by the employer to NPS account of the employee; and
2. Additional deduction of Rs. 50,000 for the contribution made by an individual (employee
or self-employed) to his NPS account.
Thus, the total deduction to be allowed to an individual in respect of contribution to NPS can
go up to Rs. 2,00,000. The additional deduction of Rs. 50,000 is above this limit of Rs. 1,50,000.
In other words, an assessee can choose to take a tax deduction in respect of contribution to
NPS within the limit of Rs. 1,50,000 or as an additional deduction.
Example 8, An employee repays a housing loan of Rs. 170,000 during the year and contributes
Rs. 65,000 in his NPS account. Repayment of housing loan to a bank or housing finance
company is eligible for deduction under Section 80C. Since the limit of Rs. 150,000 is
exhausted by such repayment, the employee can choose to take the benefit of the additional
deduction for the contribution to NPS. Thus, the total deduction shall be Rs. 2,00,000 (Rs.
1,50,000 under Section 80C for housing loan repayment and Rs. 50,000 for contribution to
NPS under Section 80CCD(1B)).
Example 9, Basic salary of Mr Gopal is Rs 50,000 per month. He is entitled to a dearness

allowance of 40% of basic salary (Rs. 20,000 per month) and 50% thereof forms part of
retirement benefits. He and his employer (non-govt.) both contribute 15% of basic salary as
a contribution to NPS. Mr Gopal is already claiming a deduction of Rs 150,000 under Section
80C.
The contribution made by the employer to NPS would be treated as part of the salary of Mr
Gopal. Thus, the employer’s contribution of Rs. 90,000 (Rs. 600,000 * 15%) would be included
in the salary of Mr Gopal. The deduction available under Section 80CCD shall be computed in
the following two steps:
Step 1: Computation of salary
Particulars Amount
Basic Salary [Rs. 50,000 * 12 months] 600,000
Dearness allowance [Rs. 20,000 * 12 months * 50% (forming part of 120,000
retirement benefits]
Salary for computation of deduction under Section 80CCD 720,000
Step 2: Computation of deduction
Particulars Amount
Deduction for employee’s contribution
(a) Contribution by employee 90,000
(b) Deduction allowable under Section 80CCD(1B) [Note 1] [A] 50,000
Deduction for the employer’s Contribution
(a) Contribution by employer 90,000
(b) Deduction allowable under Section 80CCD(2) [Note 2] [B] 72,000
Deduction under Section 80CCD [A + B] 1,22,000
Note 1: Maximum deduction of Rs. 150,000 is allowed under Section 80C, 80CCC and 80CCD(1), which has
already been exhausted for deduction under Section 80C. Thus, no deduction can be claimed under Section
80CCD(1). However, a deduction of up to Rs. 50,000 can be claimed under Section 80CCD(1B).
Note 2: Deduction for the employer’s contribution to the NPS shall be limited to 10% of the salary, that is, Rs.
7,20,000 * 10%. The deduction for the employer’s contribution would be in addition to the deduction
available for Rs. 150,000.
7.3-7. Tax treatment of sum received from NPS
7.3-7a. In case of withdrawal on the closure of account or opting out of NPS
Any payment from the National Pension System Trust to an assessee on the closure of his
account or on his opting out of the pension scheme is exempt from tax to the extent of 60%
of the total corpus. As per the NPS scheme, a person can withdraw up to 60% of the total
corpus. The exemption limit under the Income-tax Act has been set in symmetry with the NPS
scheme. Thus, the total amount withdrawn by an assessee at the time of closure of the NPS
account or opting out of the scheme shall be completely tax-free.
7.3-7b. In case of partial withdrawal from NPS
Any amount withdrawn from NPS before the closure of the account or opting out of the
scheme shall be exempt only in the case of employees to the extent of 25% of the employee’s
contribution to NPS. Further, the amount should be withdrawn in accordance with the terms
and conditions specified under the Pension Fund Regulatory and Development Authority
(PFRDA) Act, 2013 and regulations made under this Act.
As per PFRDA (Exits and Withdrawals under the National Pension System) (First Amendment)
Regulations 2017, the subscribers can withdraw after 3 years from the date of joining the
system and a maximum of three times during the entire tenure of subscription under NPS.
7.3-7c. In case the amount is received by the nominee on the death of the subscriber
Where the amount standing to the credit of an assessee in NPS is received by his nominee on
the death of the subscriber, it shall be fully exempt from tax.
7.3-7d. In case pension received out of NPS
When a pension is received out of fund contributed to NPS, it will be chargeable to tax in the
hands of the recipient.
7.3-7e. In case the amount withdrawn from NPS utilized for purchasing an annuity plan
Where the amount withdrawn or received out of NPS is utilized for purchasing an annuity
plan of LIC or some other insurer in the same previous year then the annuity income received
shall be taxable in the hands of the recipient.
7.3-7f. In case of withdrawal from Tier II account
The investment made in a Tier II Account is considered just like an investment in an open-
ended mutual fund. Thus, any profit or loss arising on account of withdrawal of amount from
Tier II Account shall be taxable under the head Capital Gain (see Chapter 6 for taxability in
case of investment in mutual funds).
7.3-8. Summary of taxability of NPS
Particulars Taxability
Contribution to NPS
a) Employees’ contribution to NPS The deduction is allowed up to 10% of
salary plus an additional deduction of Rs.
50,000.
b) Employers’ contribution to NPS* The deduction is allowed up to:
 14% of salary in case of Central or State
Government employees;
 10% of salary in case of other employees.
c) Any other person not being an employee The deduction is allowed up to 20% of
gross total income plus an additional
deduction of Rs. 50,000.
Accumulation Tax-free
Yearly return on the corpus amount
Withdrawal
a) Partial withdrawal If subscriber is an employee, exempt to
the extent of 25% of the contribution
made by the employee to the NPS.
b) Final withdrawal at the time of closure of Exempt up to 60% of the total corpus
account or opting out of the scheme available in the NPS account of the
subscriber.
c) Amount received by a nominee on death of The whole of the amount received by the
the subscriber nominee shall be exempt in the hands of
the receiver
d) In case of withdrawal from Tier II account Profit or loss from investment in Tier II
account shall be taxable under the head
“Capital Gains”
e) In case the amount withdrawn from NPS No tax shall be charged on such amount
utilised for purchasing an annuity plan withdrawn if it is utilized for purchasing
the annuity plan of LIC or some other
insurer.
Pension Income
Pension received out of fund contributed to Pension received from the fund will be
NPS taxable in the hands of the receiver
7.4 REAL ESTATE INVESTMENT TRUST
Real Estate Investment Trusts (REITs) were first introduced in the United States in 1960-61
through the Cigar Excise Tax Extension Act. It allowed the investors to invest in large-scale,
diversified portfolios of income-producing real estate. Since then, more than 30 countries
have introduced REIT regimes. The concept of REIT was introduced in India in 2014 by the
SEBI. REITs are registered with the Securities and Exchange Board of India (SEBI) under SEBI
(REITs) Regulations, 2014.
REITs invest in the majority of real estate property types, which includes offices, apartment
buildings, warehouses, retail centres, medical facilities, data centres, cell towers,
infrastructure and hotels. Most REITs focus on a particular property type, but some hold
multiple types of properties in their portfolios. For example, Office REITs are those that own
and manage office real estate and rent the space in those properties and Industrial REITs own
and manage industrial facilities and rent space in those properties. Similarly, Retail REITs
include REITs that focus on large malls, outlet centres, grocery-anchored shopping centres,
etc. Residential REITs include REITs that specialize in apartment buildings, student housing,
manufactured homes and single-family homes. Timberland REITs own and manage various
types of timberland real estate. Timberland REITs specialize in harvesting and selling timber.
REITs allow investors to invest in portfolios of real estate assets the same way they invest in
shares or a mutual fund or exchange-traded fund (ETF).
7.4-1. Structure of REITs
The structure of REITs is similar to that of a mutual fund wherein sponsor (generally real estate
developers) sets up the REITs to collect money from the general public for investing on their
behalf in income-generating real estate properties. The investment is made in real estate
properties either by REITs directly or through Special Purpose Vehicle (SPV) in which it holds
the controlling interest.
The basic structure of a REIT can be explained with the help of the following diagram:
7.4-1a. Sponsor
Sponsor means any individual or a body corporate who sets up the REIT by making an
application in this behalf to the SEBI. The collective holding of the sponsor(s) should be 25%
in REIT for at least 3 years from the date of listing of units of REITs.50
7.4-1b. Special Purpose Vehicle
Special Purpose Vehicle (SPV) means any company or LLP:
(a) In which either the REIT or the Holdco holds or proposes to hold 50% or more of the
equity share capital or interest;
(b) Which holds 80% or more of its assets directly in properties and does not invest in
other SPV; and
(c) Which is not engaged in any activity other than holding and developing property and
any other activity incidental to such holding or development.
Meaning of the term “Holdco”
The Holdco or “Holding Company” shall mean a company or LLP:
(a) In which REIT holds or proposes to hold minimum 50% of the equity share capital or
interest and which it in turn has made investments in other SPV(s), which ultimately hold the
property(ies); and
(b) Which is not engaged in any other activity other than holding of the underlying SPV(s),
holding of real estate/properties and any other activities pertaining to and incidental to such
holding.
7.4-1c. Real Estate Investment Trust (REIT)
REIT means a trust which is registered under SEBI (Real Estate Investment Trusts) Regulations,
2014. REIT works just like a mutual fund whereby funds collected from investors are invested
in real estate properties. REITs invest in real estate properties either directly or through SPV.
50Earlier, the sponsors had to maintain a collective holding of 15% after the initial 3 years. Now there is no requirement for
the sponsors to maintain a minimum holding. The amendment has been made vide the SEBI (Real Estate Investment
Trusts) (Second Amendment) Regulations, 2020, w.e.f. 16-06-2020.
7.4-1d. Unit-holder
Unit-holder is a person who makes an investment in REIT and in return gets the units of such
REITs.
7.4-1e. Real Estate Property
"Real estate" or "property" means land and any permanently attached improvements to it,
whether leasehold or freehold and includes buildings, sheds, garages, fences, fittings, fixtures,
warehouses, car parks, etc. and any other assets incidental to the ownership of real estate
but does not include a mortgage.
However, assets falling under the preview of “Infrastructure” shall not be considered as Real
Estate property except following:
a) hotels, hospitals and convention centres forming part of composite real estate projects,
whether rent generating or income-generating;
b) common infrastructure for composite real estate projects, industrial parks and SEZ.
7.4-2. REITs Tax Implications
Before making any investment decision in REITs, a person should understand the taxability of
income distributed by REITs to unit-holders. REITs are structured as a hybrid pass-through
entity. Thus, certain types of income are exempt at REITs level and taxable at the level of unit-
holders.
REITs may have the following types of income:
a) Rental income from real estate property;

b) Capital gains from the transfer of real estate property;
c) Dividend received from SPV; and
d) Interest received from SPV.
The pass-through status is provided only in respect of income covered under point (a), (c) and
(d) above. Thus, if REIT distributes any rental, dividend or interest income to its unit-holder
then tax shall be charged at the level of unit-holder and not in the hands of the REIT. Further,
any income distributed by REIT to its unit-holders shall be deemed to be of the same nature
and in the same proportion in the hands of the unit-holder had it been received by, or accrued
to, the REIT. The taxability of various income earned by REITs are explained as under:
7.4-2a. Rental Income
Rental income earned by the REITs from the investment made in properties shall be tax-free
by virtue of Section 10(23FCA) of the Income-tax Act. Thus, such rental income shall be
exempt at the REITs level. However, if such rental income is distributed by REITs to its unit-
holders then unit-holders shall be liable to pay tax thereon as if they have earned such income
directly by investing in real estate properties. The tax shall be charged in the hands of the
unit-holder at the applicable tax rate.
7.4-2b. Interest Income
REITs may also invest in real estate via Special Purpose Vehicle (SPV). Any interest income
that REITs earned from SPV is exempt in the hands of REITs under Section 10(23FC). When
such interest income is further distributed to the unit-holders, it is taxable in the hands of the
unit-holders. However, any other interest income earned by REITs (other than from SPV) is
not exempt at the level of REITs. Consequently, such interest income is taxable in the hand of
REITs and when such income is further distributed, it is exempt from tax under Section
10(23FD) in the hands of unit-holders.
If a unitholder is a person resident in India then tax is charged at normal rates as applicable
in his case. Further, he shall be allowed to claim a deduction of expenses incurred to earn
such interest income and deduction under Chapter VI-A (i.e., deductions under section 80C
to 80U) from such income.
Whereas, if the unit-holder is a non-resident or a foreign company then tax is charged under
Section 115A read with Section 194LBA at the rate of 5% without providing for any deduction
in respect of such income. Further, deductions under Section 80C to 80U are also not allowed
from such income. However, the Unit of an International Financial Service Centre (IFSC) shall
be entitled to claim deduction under section 80LA. It is to be noted that if the interest income
is not chargeable to tax or chargeable to tax at lower rates as per provisions of DTAA then
provisions of DTAA shall apply and tax shall be charged accordingly.
7.4-2c. Dividend Income
Dividend received by REITs from SPV is exempt from tax under Section 10(23FC). If dividend
received from SPV is further distributed by REITs to the unit-holders, it shall be taxable in the
hands of the unit-holders being a pass-through income. However, if the dividend is received
from SPV who has not opted for the concessional tax regime of section 115BAA then such
dividend shall be exempt in the hands of the unit-holders as well under Section 10(23FD). Any
other dividend income earned by REITs (other than from SPV) is not exempt at the level of
REITs. Consequently, such dividend income is taxable in the hands of REITs and when such
income is further distributed, it is exempt from tax under Section 10(23FD) in the hands of
unit-holders.
If a unit-holder is a person resident in India then tax is charged at normal rates as applicable
in his case. Further, the unit-holder shall be entitled to claim a deduction of only interest
expenditure which has been incurred to earn that dividend income to the extent of 20% of
total dividend income. No deduction shall be allowed for any other expenses including
commission or remuneration paid to a banker or any other person for the purpose of realising
such dividend. However, deduction under Chapter VIA (i.e., deductions under section 80C to
80U) can be claimed from such income.
Whereas, if the unit-holder is a non-resident or a foreign company then tax shall be charged
under Section 115A at the rate of 20% without providing for any deduction in respect of such
income. Further, deductions under section 80C to 80U are also not allowed from such income.
However, the Unit of an International Financial Service Centre (IFSC) shall be entitled to claim
deduction under Section 80LA. It is to be noted that if the dividend income is not chargeable
to tax or chargeable to tax at lower rates as per provisions of DTAA, then provisions of DTAA
shall apply and tax shall be charged accordingly.
7.4-2d. Capital Gains
Income-tax Act provides pass-through status to REITs only for rental income and
interest/dividend received from SPV whereby tax is charged at the level of unit-holders. All
other incomes are chargeable to tax at the level of REIT itself. Thus, any capital gain arising
on the transfer of real estate properties (including securities) by REIT shall be charged to tax
in its own hands and not in the hands of the unit-holders.
The capital gain tax rate in the case of REITs shall be as follows:
Capital Asset Nature of Tax Rate Relevant

capital Section
gain
Equity Shares or Equity oriented Short-term Chargeable to STT - 15% 111A
mutual funds Not chargeable to STT – 115UA
Maximum Marginal Rate
Equity Shares or Equity oriented Long-term Chargeable to STT - 10% on 112A**
mutual funds the amount of capital gain in
excess of Rs. 1,00,000
Not chargeable to STT- 20% 112
Other capital assets (including Short-term Maximum Marginal Rate 115UA
securities)
Other capital assets (including Long-term 20% with indexation benefit* 112
securities)
* No benefit of indexation shall be allowed in the case of bonds and debentures except
sovereign gold bonds or capital indexed bonds. Further, in the case of listed securities
(other than units) and zero-coupon bonds, resident assessees have the option to pay tax at
the rate of 10% if it does not take the benefit of indexation.
** Section 115UA of the Income-tax Act provides that subject to section 111A and 112, the
total income of a business trust shall be chargeable to tax at the maximum marginal rate.
Section 111A provides for a concessional tax rate of 15% in respect of short-term capital
gain arising from the transfer of equity shares, equity-oriented mutual funds and units of
business trust chargeable to STT. Whereas, section 112 provides for a concessional tax rate
of 20% in case of long-term capital gain. Section 112A provides for the taxability of income
arising from the transfer of a long-term capital asset, being an equity share or a unit of an
equity-oriented fund or a unit of a business trust chargeable to STT at the rate of 10% on
the amount of capital gain in excess of Rs. 1,00,000. However, no consequential
amendment was made to Section 115UA to insert a reference of Section 112A which seems
to be unintentional.
7.4-2e. Other income
All other incomes of REITs are chargeable to tax in the hands of REITs itself at a maximum
marginal rate.
7.4-3. Tax implication on the transfer of units of REITs by the unit-holder
7.4-3a. Units chargeable to STT
Capital gains arising from the transfer of units of REITs, which are chargeable to STT, would
be subject to tax in the hands of unit-holder depending upon the period of holding. Where
units of REITs are held for not more than 36 months, short-term capital gains will arise, which
will be taxable at the rate of 15% plus surcharge and cess (see Annexure E for relevant rates).
Where units of REITs are held for more than 36 months, the resultant long-term capital gains
in excess of Rs 1 lakh would be taxable at the rate of 10% plus surcharge and cess (see
Annexure E for relevant rates) under Section 112A. The investments made on or before 31-
01-2018 were grandfathered as the long-term capital gains arising from the sale of units of
business trust were previously exempt from tax. The grandfathering works as per the
following mechanism.
If units of business trust were acquired on or before 31-01-2018, the cost of acquisition of
such units shall be higher of the following:
a) The actual cost of acquisition of units of business trust; or
b) Lower of the fair market value of such asset as on 31-01-2018 or full value of the
consideration received as a result of the transfer of units of business trust.
The highest price of units quoted on a recognized stock exchange as on 31-01-2018 is taken
as the fair market value. If there is no trading in such units on such exchange on 31-01-2018,
the highest price of such units on a date immediately preceding 31-01-2018 when such units
were traded shall be the fair market value.
If units of a business trust are not listed on a recognised stock exchange as on 31-01-2018,
the net asset value of such unit as on the said date is considered as cost of acquisition.
7.4-3b. Units not chargeable to STT
Any capital gains arising from the transfer of units of REITs, which are not chargeable to STT,
would be taxable as short-term capital gains if such units were held for not more than 36
months. Such short-term capital gains would be taxable as per the tax rates applicable in case
of unit-holder. The profit arising from the transfer of units of REITs would be taxable as long-
term capital gains where units were held for more than 36 months. Such long-term capital
gains would be taxable at the rate of 20% plus surcharge and cess (see Annexure E for relevant
rates) under Section 112 of the Act in case of a resident. In case the unitholder is a non-
resident or a foreign company then tax shall be levied at the rate of 10% plus surcharge and
cess (see Annexure E for relevant rates) without providing for the benefit of indexation and
foreign currency fluctuation if such units are unlisted.
Example 10, Mr Paul, a resident person purchased 100,000 units of a REIT on 01-01-2018 for
Rs. 148 per unit. The units of the REIT are listed on stock exchange in India. On 01-03-2022,
REIT distributed the following incomes to Mr Paul:
Particulars Amount
Rental income from properties directly owned by the REIT Rs. 250,000
Interest income received from SPV Rs. 100,000
Dividend income received from SPV opting for concessional Rs. 60,000
taxation regime under Section 115BAA
Long-term capital gain from the sale of unlisted shares of SPV Rs. 50,000
Any other income Rs. 100,000
On 31-03-2022, Mr Paul sold the units of REITs through the stock exchange at Rs. 153 per unit
and paid STT at the time of transfer of units. Discuss the taxability in the hands of Mr Paul and
REIT assuming SPV has not opted for the concessional tax regime of section 115BAA.
Answer
There are two types of income received by Mr Paul in respect of investment made in the units
of REIT. First, income distributed by REIT and second, capital gains arising from the transfer of
the units of REITs. The taxability of distributed income and capital gain shall be as follows:
1. Taxability of income distributed by REIT in the financial year 2021-22.
Nature of income Amount Tax treatment in Tax treatment in the

Distributed by the hands of Mr hands of REIT
REIT Paul
Rental income from Rs. 250,000 Taxable under the Exempt under section
properties owned by head house 10(23FC)
REIT property†
Interest income Rs. 100,000 Taxable under the Exempt under section
received from SPV head Business 10(23FC)
Income or Income
from other
sources†
Dividend received Rs. 60,000 Taxable under the Exempt under section
from SPV head ‘Income from 10(23FC)
Other Sources’‡
Long-term capital Rs. 50,000 Exempt under Taxable at the rate of
gains from the sale of Section 10(23FD) 20% under section 112
unlisted shares of SPV
Any other income Rs. 100,000 Exempt under Taxable at Maximum
section 10(23FD) Marginal Rate, under
Section 115UA.
†The computed income shall be taxable at normal slab rates.
‡ Thedividend shall be taxable in the hands of the unit-holder as the SPV has opted for a
concessional tax regime under Section 115BAA.
2. Taxability of income arising from transfer of units of REITs in the financial year 2021-22
Computation of capital gain on transfer of units

Particulars Amount
Nature of capital gain (period of holding is more than 36 months) Long term capital gains
Sale Price (100,000 units * Rs. 153) [A] Rs. 1,53,00,000
Less: Cost of Acquisition (1,00,000 units * Rs. 148) [B] Rs. 1,48,00,000
Long-term capital gain [C = B - A] Rs. 5,00,000
Tax rate on capital gain 10%‡
‡
As Mr X has paid STT at the time transfer of units, capital gain shall be chargeable to tax at the rate
of 10% under Section 112A of the Income-tax Act. However, the tax shall be levied only on
the amount of capital gain exceeding Rs. 100,000.
7.4-4. Taxability in the hands of the sponsor
Section 47(xvii) of the Income-tax Act, provides that where a sponsor transfers his shares in
SPV to a business trust in exchange for units of such business trust, such exchange would not
amount to transfer. Thus, no taxability will arise on the transfer of such shares. If any notional
gain or loss arises on such transfer of shares in exchange of units and it is credited or debited
to the profit and loss account, then same shall be reduced or added back, respectively, while
computing the book profit for purpose of levy of MAT. Such adjustment shall be made if SPV
has not opted for a concessional tax regime prescribed under Section 115BAA or Section
115BAB.
(Income arising in respect of units of business trust shall be taxable in the same manner as
referred to in Para 7.4-2 and 7.4-3).
Example 11, Mr X is holding 30% of the shares of an SPV. He transferred such shares to a REIT
in exchange for an allotment of 25% units of such REIT. Such exchange would not be regarded
as transfer by virtue of section 47(xvii).
7.4-5. Summary of taxability of REITs
Tax on REIT and its unit-holders

Income REIT Unit-holders
arising
to REITs Taxability Tax Rate Taxability Tax Rate
Interest Exempt - Taxable (a) Resident unit-

from holder: Applicable tax
SPV rate
(b) Non-resident
unit-holder: 5% or DTAA
rate, whichever is
beneficial
Other Taxable Maximum Marginal Exempt -
Interest Rate
Income
Dividen Exempt - Taxable (a) Resident unit-
d from holder: Applicable tax
SPV if rate
SPV has (b) Non-resident
opted unit-holder: 20% or
for DTAA rate, whichever is
concessi beneficial.
onal
taxation
regime
under
section
115BAA
Dividen Exempt - Exempt -
d
receive
d from
SPV
which
has not
opted
for
concessi
onal
taxation
regime
under
section
115BAA
Other Taxable Maximum Marginal Exempt -
dividen Rate
d
income
Rental Exempt - Taxable Applicable tax rate
Income
earned
from
propert
y
owned
by REITs
Rental Taxable Maximum Marginal Exempt -

Income Rate
from
SPV
Capital Taxable Maximum Marginal Exempt -

Gain Rate (Except those
taxable under
sections 111A, 112
and 112A)
Any Taxable Maximum Marginal Exempt -

other Rate
Income
7.4-6. Summary of taxability of capital gain arising to unit-holder from the transfer of units
Nature of capital
Unit-holder
gain
Short-term capital a) Chargeable to STT: 15%
gain b) Not chargeable to STT: Applicable tax rate
a) Chargeable to STT: 10% (beyond Rs. 1 Lakh)
Long-term capital
b) Not chargeable to STT: 20% with indexation in case of resident and
gain
10% without indexation benefit in case of non-resident
7.4-7. Applicability of TDS
7.4-7a. SPV to REIT
TDS is not applicable when REIT is receiving interest income on loans/ investment in listed
debt securities of the SPV or income by way of renting or leasing or letting out any real estate
asset owned directly by the REIT. However, when the REIT is receiving interest income on
unlisted debt securities, the SPV is liable to withhold taxes at the rates in force as applicable
to the REIT.
Dividend received or receivable by a REIT from a special purpose vehicle (SPV) is exempt from
tax under Section 10(23FC). Thus, no tax is required to be deducted from dividend credited
or paid by an SPV to a business trust51.
7.4-7b. REIT to unit-holder
When REIT distributes the rental income or interest/dividend received from SPV to its unit-
holders, the income so distributed is chargeable to tax in the hands of the unit-holders. Thus,
51 The exemption from TDS has been provided by the Finance Act, 2021 with effect from 01-04-2020.
to collect taxes from unit-holders at the time of distribution of such income by REITs, the
Govt. has introduced TDS provisions. The REITs are required to deduct tax under Section
194LBA while distributing the said incomes to the unit-holders. The tax shall be deducted at
the following rates:
Nature of distributed income Residential status of the unit-holder

Resident Non-resident*
Rental income 10% a) Foreign company: 40%
b) Any other non-resident
person: 30%
Dividend income received from SPV52 10% 10%
Interest income received from SPV 10% 5%
*If the provisions of DTAA are more beneficial the tax shall be deducted as per DTAA.
7.4-8. Reporting of income by REITs to its unit-holders
When REITs distributes any income to its unit-holders, it shall be required to furnish a
statement to the unit-holders as well as to the income-tax department giving the details of
the nature of the income paid during the previous year to unit-holders.
The statement shall be required to be furnished to the unit-holders in Form No. 64B by the
30th June of the financial year following the previous year during which the income is
distributed. The statement shall be required to be furnished to the Income-tax department in
Form No. 64A by the 30th November of the financial year following the previous year during
which the income is distributed.
7.5 INFRASTRUCTURE INVESTMENT TRUST (InVITs)

Real Estate and Infrastructure are two important sectors that have critical importance for
India’s growth both on economic and social parameters. The concept of REITs and InVITs were
introduced in India to boost financing and investment in these sectors. REITs invest in income-
generating real estate properties. Whereas, InVITs invest in infrastructure projects which
include roads, bridges, ports, airports, metros, electricity generation, transmission or
distribution, telecommunication services, telecommunication towers, special economic
zones, etc.
InVITs are registered with SEBI under SEBI (Infrastructure Investment Trusts) Regulations,
2014. The structure of InVITs is very much similar to that of a REIT. Further, the tax
implications are also the same both in case of InVITs and REITs except pass-through status
relating to rental income.
52No tax shall deducted if the dividend is received from SPV which has not opted for concessional tax regime of section
115BAA.
The rental income of REITs is chargeable to tax in the hands of the unit-holders as pass-
through status has been provided to REITs in respect of such income. But, in case of InVITs,
rental income is chargeable to tax in its own hands and not in the hands of unit-holders.
Further, any income arising to a wholly-owned subsidiary of ADIA, Sovereign wealth fund or
pension fund in the nature of dividend, interest or long-term capital gains arising from an
investment made in InVIT shall be exempt from tax under Section 10(23FE), if investment is
made between 01-04-2020 and 31-03-2024 and it is held for at least for 3 years.
7.6 ALTERNATIVE INVESTMENT FUNDS
Alternative Investment Fund (AIF) means any fund established or incorporated in India, as a
privately pooled investment vehicle, to collect funds from sophisticated investors, whether
Indian or foreign, for investing in accordance with a defined investment policy for the benefit
of its investors. However, it does not include mutual funds, collective investment fund or any
other fund for which there are separate regulations of SEBI.
AIF can be set up as a trust, company, limited liability partnership and any other body
corporate and it is mandatory to obtain registration from SEBI as per SEBI (Alternative
Investment Funds) Regulations, 2012 or under the International Financial Services Centres
Authority Act, 201953. SEBI grants registration to AIFs based on their operational strategies,
objectives and fund structure and, for this purpose, they are categorized into various
categories. The AIF categories have already been discussed in section 1.3.
7.6-1. Taxation of Category-I and Category-II AIFs
Taxation of Category-I and Category-II AIFs is governed by Section 115UB of the Income-tax
Act which provides pass-through status to such funds wherein income arising to such funds is
exempted from tax, while investors are liable to pay tax on such income as if the investors
have directly made the investments. However, this pass-through status is not given in respect
of ‘business income’ of the AIF. Thus, business income is chargeable to tax in the hands of AIF
itself.
Any income arising in the hands of the Investment fund shall be bifurcated into the following
two categories:
a) Business income; and
b) Any other income.
53 Amended by the Finance Act 2021, with effect from assessment year 2022-2023
7.6-1a. Taxability of Business Income
Income in the nature of business income shall be taxed in the hands of the Investment Fund
under the head ‘Profits and gains from business or profession’ and it shall be exempt in the
hands of the unit-holders under Section 10(23FBB).
If an investment fund is a company or a firm, such business income will be taxable at the rates
applicable to the company or firm. However, in any other case, where AIF is registered as a
trust or any other body corporate, such income shall be taxed at a maximum marginal rate.
7.6-1b. Taxability of Other Income
Any other income shall be taxable in the hands of the unit-holder and it shall be exempt in
the hands of the Investment Fund under Section 10(23FBA).
The income arising to the unit-holder, out of the investment made in the Investment Fund,
shall be chargeable to tax in the same manner as if it were the income accruing or arising to
them, had the investments (made by the Investment Fund) been made by them directly.
The income paid or credited by the investment fund to the unit-holder shall be deemed to be
of the same nature and in the same proportion in the hands of the unit-holder as if it had
been received by, or had accrued or arisen to, the investment fund.
Further, the income accruing or arising to, or received by, the AIF, during a previous year, if
not paid or credited to the investor thereof, shall be deemed to have been credited to the
account of the investors on the last day of the previous year in the same proportion in which
investors would have been entitled to receive the income had it been paid in the previous
year.
7.6-1c. Set-off and carry forward of losses
Any losses arising in the hands of the investment fund under the head ‘Profits and gains arising
from business or profession’ shall be allowed to carry forward and not to be passed to its unit-
holders.
Up to Assessment Year 2019-20, AIFs were allowed to pass the income to the unit-holders but
not losses. Thus, if the net result of the computation of total income of the AIF is a loss then
the same was not allocated amongst the unit-holders. Thus, they were deprived of setting off
such loss against their income. The Finance (No. 2) Act, 2019 amended the provisions of
Section 115UB to allow a pass-through of losses as well. Thus, from Assessment Year 2020-
21, non-business losses of AIF are allowed to be allocated amongst unit holders except where
such loss is in respect of a unit, which has not been held by the unit-holder for at least 12
months.
Any losses, other than the business losses, accumulated at the level of investment fund as on
31-03-2019, shall be deemed to be the loss of the unit-holder who held the units as on that
date. In other words, the accumulated losses shall be deemed to be the losses of the unit-
holders who held the units as on 31-03-2019 even if the period of holding of such unit is less
than 12 months.
Such losses shall be allowed to be carried forward by such unit-holders for the remaining
period calculated from the year in which the loss had occurred for the first time by taking that
year as the first year. He shall be allowed to set off and carry forward the losses in accordance
with the provisions of Chapter-VI. Such losses which are passed to the unit-holders shall not
be allowed to the investment fund for set off and carry forward.
Example 12: As on 31-03-2019, an AIF had accumulated losses as follows:

Nature of loss Amount (in lakhs)
Loss under the head house property 5
Loss under the head capital gains (long-term) 20
Loss under the head capital gains (short-term) 10
It has incurred a loss of Rs. 15 lakhs under the head "Profits and gains from business and
profession" and a loss of Rs. 5 lakhs under the head house property during the financial year
2019-20. Details of unitholders are as follows:
Percentage of units
Unitholder
As on 31-03-2019 As on 31-03-2020
A 25% 20%
B 25% 20%
C 25% 20%
D 25% 20%
- 20% (acquired on 01-05-
E
2019)
Attribution of losses to unit-holders shall be as follows:

Unitholder Loss accumulated till 31-03- Loss incurred during the
2019 year 2019-2020†
A 8.75 1
B 8.75 1
C 8.75 1
D 8.75 1
E - -‡
† Only non-business losses are allowed to be passed on to the unitholders.
‡ As E held the units for less than 12 months, the loss attributable to such units shall not be
passed on to the unitholders and it shall lapse.

7.6-1d. Applicability of TDS Provisions
As other income (not being a business income) is taxable in the hands of the unit-holder, the
CBDT has notified54 that no tax shall be deducted from the payment of such income to the
investment fund. For example, if an investment fund receives any rental income or interest
income from a bank, the payer shall not deduct tax from such payment.
In case the income arising in the hands of the investment fund is taxable in the hands of the
unit-holder, the investment fund shall deduct tax under Section 194LBB from the payment at
the rate of 10% in case of resident unitholders and rates in force in case of foreign unitholders.
If the unit-holder is a non-resident (not being a company) or a foreign company, no tax shall
be deductible in respect of any income which is not chargeable to tax.
7.6-1e. Reporting of income by AIF
When AIF distributes any income to its unit-holders, it shall be required to furnish a statement
to the unit-holders as well as to the income-tax department giving the details of the nature
of the income paid during the previous year to unit-holders.
The statement shall be required to be furnished to the unit-holders in Form No. 64C by the
30th June of the financial year following the previous year during which the income is paid or
credited.
The statement shall be required to be furnished to the Income-tax department in Form No.
64D by the 15th June of the financial year following the previous year during which the
income is paid or credited.
7.6-1f. Relaxation from angel tax [Section 56(2)(viib)]
Any excess premium received by a company from the issue of shares is chargeable to tax in
its hand under the head income from other sources if the following conditions are satisfied:
(a) Shares (equity or preference shares) are issued by a closely held company;
(b) The consideration for the issue of shares is received from a resident person;
(c) The consideration received for the issue of shares exceeds the face value and fair market
value of shares.
If the above conditions are satisfied, the consideration received exceeding the fair market
value of the share shall be taxable in the hands of the issuer company. The fair market value
of shares shall be determined as per Rule 11UA.
54Notification No. 51/2015/SO 1703(E), dated 25-6-2015

However, in the following cases, this provision shall not apply to tax any consideration
received for the issue of shares:
(a) Where consideration is received by a Venture Capital Undertaking from a Venture Capital
Company or Venture Capital Fund or Category-I or Category-II Alternative Investment
Fund (AIF);
(b) Where the company is an eligible start-up fulfilling conditions as prescribed in the
Notification issued by the DPIIT.
7.6-1g. Relaxation from the filing of return of income
The CBDT55 has exempted a non-resident or a foreign company from the requirement of filing
a return of income if it has any income from any investment in Category-I and Category-II
Alternative Investment Fund (AIF) set up in an IFSC located in India. This exemption can be
claimed subject to certain conditions. (Refer Para 11.6-9)
7.6-1h. Exemption to ADIA’s subsidiary or Sovereign wealth fund or pension fund
Any income arising to a wholly-owned subsidiary of ADIA, Sovereign wealth fund or pension
fund in the nature of dividend, interest or long-term capital gains arising from an investment
made in Category-I or Category-II AIF or various other entities shall be exempt from tax under
section 10(23FE), subject to fulfilment of certain conditions, namely:
(a) Investment is made between 01-04-2020 and 31-03-2024;
(b) Investment is held for at least for 3 years;
(c) Investment is made in Category-I or Category-II AIF having more than 50% investment in
any of the following entities:
 An InVIT; or
 Enterprise carrying on the business of developing, or operating and maintaining, or
developing, operating and maintaining any infrastructure facility as defined under
Section 80-IA(4)(i) or other notified business;
 A domestic company registered on or after 1st April, 2021 having a minimum of 75%
investments in one or more of the company or enterprise as referred in point (b); or
 An NBFC registered as an infrastructure finance company56 having a minimum of 90%
of its lending to one or more of the companies or enterprises or entities referred in
point (b) above; or
 An Infrastructure debt fund57 having a minimum of 90% lending to one or more of the
companies or enterprises or entities referred in point (b) above.
55 Notification No. S.O. 2672(e), dated 26-7-2019

56 Infrastructure finance company shall be as referred to in Notification No. RBI/2009-10/316 issued by the RBI.
57 A NBFC, as referred to in the Infrastructure Debt Fund-Non-Banking Financial Companies (Reserve Bank) Directions, 2011,
issued by the RBI.

Here “Investment” shall mean movable and immovable assets including current and non-
current investments, loans and advances, and cash and cash equivalents58.
The amount of exemption will be computed proportionately based on the investment in
various entities. The Central Government has notified Rule 2DCA59 for computation of
minimum investment and exempt income for the purpose of section 10(23FE).
7.6-1i. Relaxation from obtaining or Quoting PAN
Deductee, being a non-resident (not being a company) or a foreign company, is not required
to obtain or quote PAN if he receives income in respect of investment in Category-I or
Category-II AIFs and fulfils certain specified conditions (see Para 11.6-18)
Example 13: Category-I AIF, registered as a trust, has derived the following income during the
year:


Mr. X holds 30% units of the AIF. During the year, the AIF has credited the entire income to
the accounts of its investors except for income in the nature of other sources. Determine the
taxability both in the hands of AIF and Mr. X.
Taxability in the hands of AIF
Income-tax Act provides the pass-through status to the Category-I AIF. The income arising to
the AIF is exempt from tax as investors are liable to pay tax on such income as if they have
directly made the investments. However, this pass-through status is not given in respect of
‘business income’ of the AIF. Thus, a business income of Rs. 20 lakhs shall be chargeable to
tax in the hands of AIF itself. As the AIF is registered as a trust, the business income shall be
chargeable to tax at the maximum marginal rate (MMR).
Taxability in the hands of Mr. X

Income credited by the AIF:
- Income under the head PGBP† -
- Income under the head capital gains 4.5
58 Defined under Rule 2DCA as inserted by the Income-tax Amendment (Thirteenth Amendment) Rules, 2022 vide
Notification No. 50/2022, dated 06-05-2022
59 Inserted by the Income-tax Amendment (Thirteenth Amendment) Rules, 2022 vide Notification No. 50/2022, dated 06-
05-2022
Income deemed to be credited:
- Income from other sources 1.5
Total income 6
†Income received by unit holder from AIF in the nature of income from business or profession
shall be exempt under section 10(23FBB).
7.6-2. Taxation of Category-III AIFs
Pass-through status has been accorded only to Category-I and Category-II AIF and not
Category-III AIF. Thus, as AIFs can be formed as a trust, company, limited liability partnership
and any other body corporate, the taxation system in the case of Category-III AIF shall be the
same as in case of a normal trust, company, LLP or any other body corporate.
In case such Category III AIF fulfils the conditions for being a specified fund as referred under
Section 10(4D), it shall be entitled to various exemptions, concessions and allowances (see
Para 11.6-5 to 11.6-7 and Para 11.6-13d).
7.7 EXCHANGE-TRADED FUNDS
Exchange-Traded Funds (ETFs) are like Mutual Funds that track an index (i.e., NIFTY/SENSEX),
or a commodity (Gold) or a basket of assets like an index fund. However, unlike regular Mutual
Funds, ETFs are listed on exchange and trade like a stock, thus experiencing price changes
throughout the day as it is bought and sold.
7.7-1. Gold ETFs
Gold exchange-traded fund scheme (Gold ETF) is defined under SEBI (‘Mutual Funds)
Regulations, 1996 to mean mutual fund scheme that invests primarily in gold or gold-related
instruments. The taxation and exemption rules for them are the same as for physical gold or
other than equity oriented mutual funds.
Any profit arising from the sale of Gold ETFs, after holding it for more than 36 months, is
considered as long-term capital gain. Such capital gains are taxable at the rate of 20% plus
surcharge and cess (please refer Annexure E for relevant rates) after taking benefit of
Indexation. Further, where Gold ETFs are held for 36 months or less, any profit on the sale of
such ETFs is taxable at a normal rate as applicable in the case of the investor.
Example 14, Mr A (resident in India) acquired 10,000 units of Gold ETF at Rs. 30 per unit on
01-03-2018. He sold such units on 25-03-2021 at Rs. 50 per unit. Compute the amount of
capital gain chargeable to tax in hands of Mr A.
Answer

Particulars Amount
Nature of capital gain (held for more than 36 months) Long term capital gain
Full Value of Consideration (10,000 units * Rs. 50) 500,000
Less: Indexed Cost of Acquisition [Note] 3,31,985
Tax rate on capital gain 20%
Note: The Indexed cost of acquisition is calculated in two steps. The first step is to calculate
the cost of acquisition of capital asset. In the second step, such cost of acquisition is multiplied
by the CII of the year in which capital asset is transferred and divided by CII of the year in
which asset is acquired.
CII of the year in which asset is

transferred
Indexed Cost of
= Cost of Acquisition x CII of the year in which asset is first
Acquisition
held by assessee or CII of 2001-02,
whichever is later
The indexed cost of acquisition shall be Rs. 3,31,985 [3,00,000 * 301/272].
7.7-2. Index ETFs
Index fund scheme (Index ETF) is defined under SEBI (Mutual Funds) Regulations, 1996 to
mean a mutual fund scheme that invests in securities in the same proportion as an index of
securities. Tax treatment of index ETFs would be the same as in the case of listed equity
oriented mutual funds. Any profit arising from index ETF would be long-term if it is held for
more than 12 months. Such long-term capital gains above Rs 1 lakh would be taxable at the
rate of 10% plus surcharge and cess (see Annexure E for relevant rates) under Section 112A.
However, short-term capital gains on index ETFs would be taxable at the rate of 15% under
Section 111A.
Example 15, Mr A (resident in India) acquired 5,000 units of an Index ETF on 01-05-2019 at
Rs. 200 per unit. He sold the units on 01-06-2021 at Rs. 300 per unit through the recognised
exchange and paid STT on such transaction. Compute the amount of capital gain chargeable
to tax in hands of Mr A.
Answer
Particulars Amount
Nature of capital gain (holding period is more than 12 months) Long term capital gain
Sale price (5,000 units * Rs. 300) Rs. 15,00,000
Cost of acquisition (5,000 units * Rs. 200) Rs. 10,00,000
Tax rate of capital gain † 10%
† As the amount of capital gain exceeds Rs. 100,000, the excess amount shall be chargeable
to tax at a concessional rate of 10% as per section 112A.
7.8 UNIT LINKED INSURANCE POLICIES

Unit Linked Insurance Plan is a hybrid investment option which consists of a mix of insurance
and investment to serve the needs of the respective investors. The amount of premium of a
ULIP scheme is partly towards the insurance of the policyholder and partly towards the
investment. The investable portion of the premium is invested in equity, debt, money market
or a mix of all based on the goals and risk appetite of the investor.
7.8-1. Types of ULIPs?
An investor can invest in the ULIPs for his retirement planning, wealth-creation, child
education, family security, so on and so forth. ULIPs, by and large, allow options of payment
of single-premium or regular premium. ULIPs based on the types of portfolios the money of
insurer is invested in can be categorized into the following:
(a) Equity-Based Funds;
(b) Debt-Based Funds;
(c) Money Market Based Funds; and
(d) Balanced Funds.
7.8-2. Exemptions under Income Tax Act
Section 10(10D) provides for exemption with respect to any sum received under ULIP,
including the sum allocated by way of bonus on such policy. However, if the premium is paid
in excess of the limits prescribed, no exemption will be provided under this section.
In the event of the death of the policy-holder, the exemption shall not be denied under
Section 10(10D) from either of the policy, that is, excess premium policy (more than 10% of
sum assured) or higher premium policy (more than Rs. 2,50,000).
7.8-2a. Excess premium ULIPs
If the premium payable for any of the years during the term of the policy exceeds 10% of the
actual capital sum assured, then no exemption under this section would be allowed with
respect to the sum received under the policy. Such a situation hereinafter referred to as
‘excess premium’.
7.8-2b. High premium ULIPs60
Besides restricting the exemption under Section 10(10D) for payment of excess premium, the
Finance Act, 2021 has inserted Fourth and Fifth Proviso to Section 10(10D) that no exemption
shall be available under this provision in respect of ULIPs issued on or after the 01-02-2021, if
the amount of premium payable for any of the previous years during the term of the policy
exceeds Rs. 2,50,000 (i.e., ‘high premium’ ULIPs).
The Fourth Proviso provides that no exemption shall be available for a policy, acquired on or
after 01-02-2021 if the premium paid in any year during the tenure of the ULIP exceeds Rs.
2,50,000 (single policy). So, where the premium payable for a policy exceeds Rs. 2.5 lakhs in
any year during its tenure, no exemption under section 10(10D) will be allowed with respect
to such policy.
The Fifth Proviso provides the exemption for all those policies whose aggregate premium in
any year during the tenure of the policies is less than Rs. 2,50,000 (Multiple Policies). This
would imply that in case the person has more than one policy acquired on or after 01-02-
2021, and the premium payable for each of such policy during any year does not exceed Rs.
2.5 lakhs but the aggregate of premium payable for all such policies exceeds Rs. 2.5 lakhs in a
year, the exemption under this section would be allowed only in respect of those policies
whose aggregate premium is within such prescribed limit.
Thus, in other words, the exemption shall be allowed only with respect to low premium ULIPs
the aggregate of which is under the threshold limit of Rs. 2.5 Lakh.
Example 1: Determine whether the exemption is available under Section 10(10D) for a single
policy purchased by four different persons in the following scenarios.
Particulars Person A Person B Person C Person D

Date of investment 31-12-2020 15-01-2021 15-02-2021 28-02-2021
in ULIP
Premium payable 2.60 2.00 2.30 2.55
every year (In lakhs)
60 Inserted by the Finance Act, 2021 with effect from assessment year 2021-22
Sum assured (In 50.00 18.00 20.00 35.00
lakhs)
Whether the No Yes Yes No
amount of premium
exceeds 10% of the
capital sum
assured?
Whether the Not applicable Not applicable No Yes
amount of premium
during the year
exceeds Rs. 2.5
lakhs?
Whether Yes No No No
exemption
available under
Section 10(10D)?
Example 2: Determine whether the exemption is available under Section 10(10D) for multiple
policies purchased by one person on or after 01-02-2021 in the following scenarios.
Particulars Premium Capital sum Whether Whether Whether

payable assured premium premium eligible for
every year exceeds 10% of exceeds Rs. exemption
capital sum 2,50,000 under Sec.
assured? 10(10D)?
(In lakhs) (In lakhs)
Policy A 2.60 26.00 No Yes No
Policy B 2.00 15.00 Yes No No
Policy C 1.25 10.00 Yes No No
Policy D 0.60 5.00 Yes No No
Policy E 1.00 80.00 No No Yes*
Policy F 0.60 60.00 No No Yes*
Policy G 0.90 10.00 No No Yes*
Policy H 0.85 9.00 No No Yes*
* Though the last four policies are eligible for exemption under Section 10(10D) the
exemption can be claimed in respect of only those policies whose aggregate premium during
the year does not exceed Rs. 2,50,000 (i.e., low premium policies). Further, the threshold limit
of Rs. 2,50,000 should be exhausted for those low premium policies first which have a higher
yield. Low-yield ULIPs should be avoided from exhausting the limit of Rs. 2,50,000. It will, in
turn, reduce the ultimate taxable capital gains. If the yield from such eligible policies is the
same, the investor should consider Policy E, F and G as the aggregate premium of such policies
equal to Rs. 2,50,000. If policy H is included, the limit of Rs. 2,50,000 cannot be exhausted
fully.
7.8-3. CBDT's guidelines on the applicability of the fourth and fifth proviso to section
10(10D)
To determine the exemption under Section 10(10D) for the current previous year, the CBDT
has issued clarifications on the following two situations:
• Assessee receives no sum from ULIPs in the past years, or sum is received, but
assessee chose not to claim an exemption under section 10(10D);
• The sum is received, and the assessee has claimed exemption under Section
10(10D).
7.8-3a Where no consideration is received, or the assessee claims no exemption on the sum
received
An assessee has not received any sum from eligible ULIPs or if the sum is received, but the
assessee did not claim exemption on such sum. In such cases, the exemption under Section
10(10D) for the current previous year shall be determined in the following manner:
(a) Sum is received from one ULIP only
The assessee shall be eligible to claim exemption only if the annual premium payable does
not exceed Rs. 2.5 lakh in any year during the term of such one ULIP. If the premium payable
exceeds Rs. 2.5 lakh in any year, the fourth proviso is attracted, and the sum received from
ULIP shall not be eligible for exemption under Section 10(10D).
Example 3, Mr. Raj has ULIP A satisfying all the conditions of Section 10(10D), except the
conditions provided by Fourth and Fifth Proviso. Determine the exemption on maturity in the
previous year 2031-32, assuming he did not receive any consideration under any other ULIPs
in previous years.
ULIP A
Date of policy 01-04-2021
Annual premium Rs. 2,00,000
Sum assured Rs. 20,00,000
Consideration received on 01-04-2031 on maturity Rs. 22,00,000
As the annual premium does not exceed the prescribed limit of Rs. 2.5 lakh, the consideration
received on maturity will be exempt under Section 10(10D).
Example 4, Mr. Raj has ULIP A satisfying all the conditions of Section 10(10D), except the
conditions provided by Fourth and Fifth Proviso. Determine the exemption on maturity in the
previous year 2031-32, assuming he did not receive any consideration under any other ULIPs
in any previous years.
ULIP A
Date of policy 01-04-2021
Quarterly premium paid during 2021-22 Rs. 65,000
Annual premium paid from 2022-23 and onwards Rs. 2,00,000
Sum assured Rs. 20,00,000
Consideration received on 01-11-2031 on maturity Rs. 22,00,000
Though the annual premium does not exceed the prescribed limit of Rs. 2.5 lakh, but the
aggregate of quarterly payment premium during the first year exceeded Rs. 2.50 lakhs. Thus,
the fourth proviso is attracted, and no exemption would be available as the premium payable
exceeded Rs. 2.50 lakhs in any year during the policy term. Thus, the consideration received
on maturity will not be exempt under section 10(10D).
(b) Sum is received from more than one ULIPs
The assessee shall be eligible to claim the exemption for all ULIPs if the aggregate of premium
payable on all such ULIPs does not exceed Rs. 2.5 lakh in any year during their policy term. If
the aggregate of premium payable on all ULIPs exceeds Rs. 2.5 lakh in any of the years, the
consideration received from only those ULIPs shall be exempt whose aggregate premium
payable does not exceed Rs. 2,50,000.
Example 5, Mr. Raj has multiple ULIPs satisfying all the conditions of Section 10(10D), except
the conditions provided by Fourth and Fifth Proviso. Determine the exemption on maturity in
the previous year 2031-32, assuming he did not receive any consideration under any other
ULIPs in previous years.
ULIP A B C D
Date of policy 01-04-2021 01-04-2021 01-04-2021 01-04-2021
Annual premium (X) Rs. 1,00,000 Rs. 1,50,000 Rs. 2,00,000 Rs. 3,00,000
Tenure of policy (Y) 10 years 10 years 10 years 10 years
Sum assured Rs. 20,00,000 Rs. 20,00,000 Rs. 30,00,000 Rs. 30,00,000
Consideration received Rs. 22,00,000 Rs. 30,00,000 Rs. 34,00,000 Rs. 40,00,000
on 01-04-2031 on
maturity (Z)
Yield (Z-X*Y) 12,00,000 15,00,000 14,00,000 10,00,000
Eligible for exemption Yes Yes Yes No
Exemption to be Yes Yes No -
claimed
Since Mr. Raj has invested in multiple policies issued on or after 01-04-2021, and the
aggregate of premiums payable in any year during such policies term exceeds Rs. 2,50,000
the fifth proviso will apply. Accordingly, the exemption shall be allowed only for those low
premium ULIPs, whose aggregate premium does not exceed the threshold limit of Rs. 2.5 lakh.
ULIP D is not eligible for exemption since its annual premium exceeds the threshold limit of
Rs. 2.5 lakh.
Out of the remaining ULIPs A, B and C, the exemption can be claimed only for those ULIPs
whose aggregate premium during any year does not exceed Rs. 2,50,000. He should choose
those policies for the exemption that gives him maximum benefit. In this exercise, two factors
should be considered: the yield of the policy and the policies that can exhaust the full limit of
Rs. 2,50,000.
• As the yield of ULIP B is maximum (Rs. 15 lakhs), this should be considered for exemption.
• The annual premium of ULIP B is Rs. 1,50,000, so the next policy should be one having
maximum yield but the premium of that should not exceed Rs. 1,00,000.
• The next high yield policy is ULIP C (Rs. 14 lakhs) but it cannot be considered as its annual
premium is Rs. 2,00,000. So he will have to choose ULIP A for the exemption.
Accordingly, the consideration received on maturity of ULIP A and B shall be eligible for
exemption under section 10(10D).
Example 6, Suppose in Example 3, Mr Raj has paid a quarterly premium of Rs. 65,000 towards
ULIP A in its first year and thereafter an annual premium of Rs. 1,00,000. What would be the
implication?
As he pays an annual premium of Rs. 2.6 lakhs on ULIP A, he cannot claim an exemption for
such ULIP. Though the annual premium of ULIP B and ULIP C is within the prescribed limit,
i.e., 1.5 lakh and Rs. 2 lakh, respectively but the aggregate annual premium of both policies is
Rs. 3.5 lakhs. Thus, he can claim the exemption either for ULIP B or for ULIP C. It is advisable
that he should claim the exemption for ULIP B having maximum yield.
(c) Summary
The situations discussed above have been summarised in the following table:
Number Premium for Aggregate payment of Is exemption under section

of ULIPs individual policy premium in any year during 10(10D) available?
exceeds Rs. the term of any
2,50,000 (fourth policy/policies exceeds Rs.
proviso) 2,50,000 (fifth proviso)
One No - Yes
One Yes - No
Multiple No No Yes, for all policies
Multiple No Yes Yes, for those ULIPs, the
aggregate annual premium of
which is under the threshold
limit of Rs. 2,50,000
Multiple Yes Yes No
7.8-3b Where an exemption is claimed for consideration received from ULIP in any previous
year
The assessee has received any sum from eligible ULIPs during the preceding year and claimed
the exemption for the same ('old ULIPs'). In such a case, the exemption under Section 10(10D)
during the current previous year shall be determined in the following manner:
(a) Sum is received from one ULIP only
The assessee can claim exemption only if the premium payable on such ULIP and old ULIPs
does not exceed Rs. 2.5 lakh in any year during the term of such ULIP. If the premium payable
exceeds Rs. 2.5 lakh in any year, the sum received from such ULIP shall not be eligible for
exemption under Section 10(10D).
Example 7, Mr. Raj has the following ULIPs satisfying all the conditions of Section 10(10D),
except the conditions provided in Fourth and Fifth Proviso. Determine the exemption on
maturity in the previous year 2032-33, assuming he received consideration on the maturity
of ULIP A in the previous year 2031-32.
ULIP A B
Date of policy 01-04-2021 01-04-2022
Annual premium Rs. 1,00,000 Rs. 1,50,000
Sum assured Rs. 20,00,000 Rs. 20,00,000
Consideration received on 01-04-2031 on maturity Rs. 28,00,000 -
Consideration received on 01-04-2032 on maturity - Rs. 30,00,000
The sum received on ULIP A would be eligible for exemption as the annual premium of ULIP
A does not exceed Rs. 2.5. lakh. As aggregate premium payable for ULIPs A and B does not
exceed Rs. 2.5 lakh in any term of the policy, ULIP B shall also be eligible for exemption under
Section 10(10D).
Suppose in the above example, the annual premium for ULIP B is Rs. 2,00,000. In that case,
the sum received from ULIP B shall not be eligible for exemption as the amount of premium
payable on ULIP B and ULIP A exceeded the threshold limit of Rs. 2.5 lakhs.
(b) Sum is received from more than one ULIPs
The assessee can claim exemption only if the premium payable on more than one ULIPs and
old ULIPs on which exemption was claimed in the prior year does not exceed Rs. 2.5 lakh in
any year during their term. If the premium payable exceeds Rs. 2.5 lakh in any year, the sum
received from ULIP shall not be eligible for exemption under section 10(10D).
except the conditions provided in Fourth and Fifth Proviso. Determine the exemption on
maturity in the previous year 2032-33, assuming he claimed exemption on consideration
received on the maturity of ULIP A in the previous year 2031-32.
ULIP A B C D
Date of policy 01-04-2021 01-04-2022 01-04-2023 01-04-2023
Annual premium (X) Rs. 1,00,000 Rs. 50,000 Rs. 1,00,000 Rs. 2,00,000
Tenure of policy (Y) 10 years 10 years 10 years 10 years
Sum assured Rs. 20,00,000 Rs. 10,00,000 Rs. 15,00,000 Rs. 20,00,000
Consideration received on Rs. 22,00,000 - - -
01-04-2031 on maturity
(Z1)
Consideration received on - Rs. 20,00,000 Rs. 15,00,000 Rs. 30,00,000
01-04-2032 on maturity
(Z2)
Yield (Z2+Z2-X*Y) Rs. 12,00,000 Rs. 15,00,000 Rs. 5,00,000 Rs. 10,00,000
All the policies shall be eligible for the exemption because the annual premium for each policy
does not exceed Rs. 2.5 lakhs in any year. However, as the aggregate premium of all policies
exceeds Rs. 2.5 lakhs in any year (in this case, it exceeded in the previous year 2023-24 and
onwards) the exemption shall be allowed only with respect to those ULIPs, whose aggregate
premium does not exceed the threshold limit of Rs. 2.5 lakhs. Since he has already claimed
exemption for ULIP A, its annual premium shall also be considered while computing the limit
of Rs. 2.5 lakhs.
Out of the remaining ULIPs B, C and D, the exemption can be claimed only for those ULIPs
whose aggregate premium, including premium payable on old ULIPs (ULIP A) during any year,
does not exceed Rs. 2,50,000.
The annual premium of the old ULIP was Rs. 1,00,000. Thus, he should choose those policies
whose aggregate annual premium is Rs. 1,50,000 and give him maximum benefit. In this
exercise, two factors should be considered: the yield of the policy and the policies that can
exhaust the full limit of Rs. 2,50,000.
• The annual premium of ULIP B is Rs. 50,000, so the next policy should be one whose
premium does not exceed Rs. 1,00,000.
• He cannot choose ULIP D because its annual premium is Rs. 2,00,000. So he will have to
choose ULIP C.
Accordingly, the consideration received on maturity of ULIP B and C shall be eligible for
exemption under section 10(10D).
Example 9, Suppose in Example 7, the annual premium for ULIP A is Rs. 2,00,000. In that case,
the exemption will be available only for ULIP B as the aggregate annual premium of ULIP B
(Rs. 50,000), and ULIP A (Rs. 2,00,000) does not exceed Rs. 2.50 lakh. In all other
combinations, the aggregate premium would exceed Rs. 2,50,000. Thus, the sum received
from ULIP C and ULIP D shall not be exempt under Section 10(10D).
Example 10, Suppose in Example 7, Mr Raj did not claim an exemption in respect of the sum
received from ULIP A. In that case, out of the remaining ULIPs B, C and D, the exemption can
be claimed only for those ULIPs whose aggregate premium during any year does not exceed
Rs. 2,50,000. He should choose those policies for the exemption that gives him maximum
benefit. In this exercise, two factors should be considered: the yield of the policy and the
policies that can exhaust the full limit of Rs. 2,50,000.
• The annual premium of ULIP B is Rs. 50,000, so the next policy should be one whose
premium should be Rs. 2,00,000.
• He should not choose ULIP C because he will not exhaust the entire limit of Rs. 2,50,000.
So he should choose ULIP D for exemption.
Accordingly, the consideration received on maturity of ULIP B and D shall be eligible for
exemption under section 10(10D), and consideration from ULIP C shall be taxable.
(c) Summary
The situations discussed above have been summarised in the following table:
Number of Premium for Aggregate payment of Is exemption under section

remaining remaining premium in any year 10(10D) available for remaining
ULIPs individual policy during the term of old and low premium ULIP?
exceeds Rs. remaining policies
2,50,000 exceeds Rs. 2,50,000
One No No Yes
One No Yes No
One Yes Yes No
Multiple No No Yes, for all policies
Multiple No Yes Yes, for those ULIPs, whose
aggregate annual premium
along with the aggregate
annual premium of old ULIPs
does not exceed Rs 2,50,000.
Multiple Yes Yes No
7.8-4. Taxability on ULIP
Where any person receives at any time during any previous year any amount under a ULIP, to
which exemption under Section 10(10D) does not apply on account of the fourth and fifth
proviso thereof, including the amount allocated by way of bonus on such policy, then, any
profits or gains arising from receipt of such amount by such person shall be chargeable to tax
under the head "Capital gains" in the previous year in which such amount was received.
7.8-4a. Capital gains from ULIPs
Computation of capital gains if the sum received from ULIPs is not exempt
The Central Board of Direct Taxes (CBDT) has notified Rule 8AD61 prescribing manner to
compute capital gain if the sum received from ULIPs is not exempt in hands of the receiver.
Such computation shall be made in the following manner:
(a) Sum received from high premium ULIPs for the first time
If the assessee has received the sum from high premium ULIPs for the first time, then the
capital gains shall be calculated in the following manner:
Particulars Amount
Amount received for the first time from ULIP xxx
Add: Amount allocated by way of bonus on such policy xxx
Less: Aggregate of premium paid during the term of the policy till the date (xxx)
of receipt of the amount
Capital Gains xxx
(b) Sum received from high premium ULIPs for the second time and subsequently
If the sum received from high premium ULIPs isn't the sum received for the first time, then
the capital gains shall be calculated in the following manner:
Particulars Amount
Amount received from such ULIP xxx
Add: Amount allocated by way of bonus on such policy xxx
Less: Amount received from the same policy and considered while (xxx)
computing capital gains in earlier previous years
(xxx)
(xxx)
61 Notification No. 8/2022, dated 18-01-2022.

Less: Aggregate of premium paid during the term of the policy till the date
of receipt of the amount
Less: Premium already considered for calculation of the taxable amount in

the earlier previous year
Capital Gains xxx
except the conditions provided in Fourth and Fifth Proviso. Determine the exemption and
capital gains (if any), assuming he did not receive any consideration under any other ULIPs in
earlier previous years.
ULIP A B
Date of policy 01-04-2021 01-04-2022
Annual premium Rs. 1,00,000 Rs. 3,00,000
Sum assured Rs. 10,00,000 Rs. 20,00,000
Consideration received on 31-03-2024 on maturity Rs. 20,00,000 -
Consideration received on 31-03-2027 on partial maturity - Rs. 16,00,000
Bonus received on 31-03-2027 on partial maturity - Rs. 3,00,000
Consideration received on 31-03-2032 on full maturity - Rs. 40,00,000
Bonus received on 31-03-2032 on full maturity - Rs. 4,00,000
The sum received from ULIP A shall be eligible for exemption as the annual premium does not
exceed Rs. 2.5 lakh. However, the sum received from ULIP B isn't eligible for exemption as the
premium payable exceeds Rs. 2.5 lakh.
Since the exemption under Section 10(10D) is not applicable on ULIP B, the sum received from
such ULIP shall be chargeable to capital gains. The computation of capital gains on such
receipt shall be made in the following manner:
Computation of capital gains for the previous year 2026-27:

Sum received for the first time from ULIP B 16,00,000
Add: Sum allocated by way of bonus 3,00,000
Less: Sum already considered for computing capital gains in earlier years -
Less: Aggregate of premium paid till receipt of maturity sum from ULIP B - (15,00,000)
3,00,000 x 5 (from 01-04-22 till 01-04-26)
Long-term capital gains for the previous year 2026-27 4,00,000
Computation of capital gains for the previous year 2031-32:

Sum received for the second time from ULIP B 40,00,000
Add: Sum allocated by way of bonus 4,00,000
Less: Sum already considered for computing capital gains in earlier years (19,00,000)
(including sum allotted by bonus)
Less: Aggregate of premium paid till receipt of maturity sum from ULIP B (15,00,000)
- 3,00,000 x 10 (from 01-04-22 till 01-04-31) minus 15,00,000 (amount of

premium considered while computing capital gain in prior year)
Long-term capital gains for the previous year 2031-32 10,00,000
7.8-4b. Period of holding
ULIP Period of holding to qualify as long-term

capital asset
Equity Oriented
- High premium policies More than 12 months
- Other policies More than 36 months
Other than equity oriented
- High premium More than 36 months
- Other policies More than 36 months
7.8-4c. Types of ULIPs for the purpose of taxation
Equity oriented high premium ULIP
Equity oriented high premium ULIPs are the policies that have invested their funds in either
of the following and have kept them invested throughout the term of the policy:
 65% of its funds in equity shares of domestic companies listed on a recognised stock
exchange; or
 90% of its funds in units of another fund that is registered on a recognised stock exchange
and invest in its proceeds in equity shares of a domestic company or equity-oriented fund.
Other ULIP
Any other kind of ULIP whether high premium or excess premium or debt-oriented or hybrid
ULIPs shall have the same tax treatment.
7.8-5. Tax on ULIPs

7.8-5a. Long term capital gains
long term capital gains arising from transfer of High premium equity-oriented ULIPs on which
STT is paid shall be charged to tax at the rates of 10% on capital gains in excess of Rs. 1,00,000.
In any other case, long term capital gains arising from ULIPs would be charged to tax at 20%
under section 112.
7.8-5b. Short term capital gains
Short term capital gains arising from transfer of high premium equity-oriented ULIPs on which
STT is paid shall be charged to tax at the rate of 15% under section 111A. In any other case,
short term capital gains arising from ULIPs would be charged at normal tax rates as in the case
of the assessee.
Review Questions:
1. Under Employee Stock option Plans (“ESoPs”) employees get a right to purchase a
certain number of securities at a _______________ price
(a) Discounted price

(b) Premium price
(c) Face value
(d) Less than face value
2. Which of the following is/are key features of Sovereign Gold Bonds (SGBs)
(a) denominated in grams of gold

(b) issued by RBI on behalf of Government of India (GoI)
(c) redeemed at the market price
(d) All of these
3. Which of the following is/are true of National Pension System (NPS)
(a) Voluntary
(b) defined contribution retirement savings scheme
(c) regulated by Pension Fund Regulatory and Development Authority
(PFRDA)
(d) All of these
4. Real Estate Investment Trust (REIT) may have following types of income
(a) Rental income from real estate property

(b) Capital gains from the transfer of real estate property
(c) Dividend and Interest received from SPV
(d) All of these
CHAPTER 8: BUSINESS INCOME
 Speculative/Non Speculative Business Income

 Method of accounting
 Valuation of stock-in-trade
 Valuation of stock in special cases
 Actual cost of assets
 Computation of Business Income
 Set off and carry forward of Business loss
 Relevance of ICDS
As per Section 14 of the Income-tax Act, all income taxable during the relevant Assessment
Year is computed under five heads of income and ‘profit and gains from business or
profession’ is one of such heads. The profit and gain from business or profession arises when
a person carries on business, commerce or adventure in the nature of trade. A person is said
to be carrying on a business if he carries on some activities continuously and systematically
by the application of his labour and skill with a view to earn an income. As computation
provisions and tax rates are different for capital gains and business income, a proper
distinction must be made between these two incomes. A person can be a trader as well as an
investor. The income earned by him from the trading activities is taxable under the head
business income, and the income earned from the personal investment is taxable under the
head capital gains. To know more about the calculation of business income, see Para 2.7-3. In
this chapter, various essential concepts have been discussed. These concepts are relevant for
a trader whose income from the securities market is taxable under the head business income.
8.1 SPECULATIVE & NON-SPECULATIVE BUSINESS INCOME
8.1-1. Meaning of Speculative Transaction
While computing the income under the head ‘profits and gains from business or profession’,
a business transaction has to be classified into ‘speculative’ and ‘non-speculative’. A
speculative business is deemed to be distinct and separate from any other business. Though
the provisions for computation of profit and tax rates are the same in the case of a speculative
and non-speculative business such distinction has been made due to restricted treatment of
losses arising from a speculative transaction. If any loss is suffered from speculative business,
it cannot be set off or adjusted against any profit from a non-speculative business. Further,
such losses can be carried forward for 4 years only in contrast to 8 years allowed for non-
speculative business losses.
As per Section 43(5) of the Income-tax Act, ‘speculative transaction’ means a transaction in
which a contract for purchase or sale of any commodity including stock and shares is
periodically or ultimately settled otherwise than through the actual delivery or transfer of the
commodity or scrips. Thus, in a speculative transaction, the contract is settled otherwise by
giving or receiving the delivery and squared up by paying out the difference which may be
positive or negative.
Where a transaction of purchase or sale of any security is settled by actual delivery then such
transaction is not treated as a speculative transaction and any income or loss arising
therefrom is treated as a non-speculative business income or loss.
While classifying a transaction into speculative or non-speculative, the intention of the parties
is immaterial. At the outset of the contract, the parties might have decided to settle the
contract by taking actual delivery but if ultimately the contract is settled by accepting the
difference in prices it becomes a speculative transaction.
Example 1, Intra-day trading of shares is considered a speculative transaction as delivery of

shares is not made in such transactions and traders have to square up their position on the
same day. Whereas, if a trader takes the delivery of shares and subsequently sells the same,
any income or loss arising therefrom is treated as non-speculative business income or loss.
8.1-2. Exceptions
There are some transactions which are completed without delivery and look like a speculative
transaction but are not regarded as speculative. Such transactions are mentioned below:
8.1-2a. Hedging Contracts
Any hedging contract in respect of stocks and shares is not treated as speculative transaction.
This hedging contract is entered into by a dealer or investor to safeguard against loss that
may arise due to price fluctuations in his holdings of stocks and shares.
Further, a contract entered into by a member of a forward market or a stock exchange, in the
course of any transaction in the nature of jobbing or arbitrage, is not deemed as a speculative
transaction. This contract is entered into to guard against the loss which may arise in the
ordinary course of business of such member.
8.1-2b. Transaction in share derivatives
A derivative is a security or contract which derives its value from the prices, or index of prices,
of another underlying asset. The underlying asset can be anything - a share, bond, commodity,
currency, etc. The commonly used derivatives are ‘Futures’ and ‘Options’.
A ‘future’ is a contract for buying or selling underlying security or index, on a future date, at
a price specified today, and entered into through a formal mechanism on an exchange. The
terms of the contract are specified by the exchange.
An ‘option’ is a contract that gives the right, but not an obligation, to buy or sell the underlying
security or index on or before a specified date, at a stated price. Options are categorized into
2 categories - Call Options and Put Options. Option, which gives the buyer a right to buy the
underlying asset, is called ‘Call option’ and the option which gives the buyer a right to sell the
underlying asset, is called ‘Put option’.
In case of derivatives, the transactions are ultimately settled without actual delivery of
underlying security or index. These derivative transactions are not treated as speculative if
transactions are carried in a recognised stock exchange through a stockbroker or sub-broker
or such other intermediary registered with SEBI. Further, the contract note issued by such
broker or intermediary to the client should indicate the unique client identity number and
PAN of the client and it should be time-stamped.
8.1-2c. Transaction in Commodity Derivatives
As discussed earlier, a derivative is a security or contract which derives its value from the
prices, or index of prices, of other underlying securities. When the underlying asset is a
commodity, e.g., Oil or Metal, the contract is termed as a ‘commodity derivative’. Sale of
option in goods is also considered a commodity derivative. In commodities derivatives, the
transactions are ultimately settled without the actual delivery of underlying assets. These
derivative transactions are not treated as speculative if transactions are carried in a
recognised stock exchange and it is charged to the commodity transaction tax. The condition
of payment of commodity transaction tax does not apply in the case of a transaction in
agriculture commodity derivatives (see Annexure H for rates of Commodities Transaction Tax
(CTT)).
The relaxation from treating a commodity derivative as a speculative transaction is given if
the transaction is carried out electronically through a member or an intermediary registered
with the recognized stock exchange. Further, the contract note issued by such a member or
intermediary to the client should indicate the unique client identity number, unique trade
number and PAN of the client and should be time-stamped.
8.2 METHOD OF ACCOUNTING

As per Section 145 of the Income-tax Act, Income under the heads ‘Profits and gains of
business or profession’ and ‘Income from other sources’ shall be computed in accordance
with the method of accounting regularly employed by the assessee. The provisions of this
section have no application to income taxable under the head ‘Salaries’, ‘Income from House
Property’, and ‘Capital Gains’.
8.2-1. Types of method of accounting
An assessee may employ different methods of accounting for different sources of income. If
such different methods are employed regularly and consistently the profits have to be
computed in accordance with the respective methods, provided it results in a proper
determination of true profits. Two methods of accounting are allowed to be followed under
the Income-tax Act, which are as follows:
8.2-1a. Mercantile System
Under this system, the net profit or loss is calculated after taking into account all income and
the expenditure relating to the period whether such income has been received or not and
whether such expenditure has been paid or not. Thus, the profit computed under the system
is the profit earned, though not necessarily realised in cash, or the loss computed under this
system is the loss sustained, though not necessarily paid in cash. Under this system, the
deduction for expenditure is allowed on an accrual basis although the liability may pertain to
an earlier year, or may have to be discharged at a future date. However, there are certain
categories of expenses specified in the Income-tax Act, which are allowed only on payment
basis. Similarly, certain incomes are taxable on receipt basis only.
8.2-1b. Cash System
According to the cash basis of accounting, a record is kept of actual receipts and actual
payments, entries are made only when money is collected or disbursed. If the profits of a
business or profession are accounted for in this way, the tax is payable on the difference
between the receipts and the disbursements for the period in question.
Income, when received, may attract tax even if the source of income has ceased to exist at
the time of receipt, and all admissible expenditure must be allowed in the year in which it is
disbursed, irrespective of the question when the liability to pay the same arose.
8.2-2. Income not taxable as per method of accounting
Exception 1: Dividend income

Section 8 read with ICDS-IV provides that irrespective of the method of accounting followed
by the assessee, any dividend (including deemed dividend) declared, distributed or paid by a
company is chargeable to tax as income of the previous year in which it is so declared,
distributed or paid. However, interim dividend is chargeable to tax as the income of the
previous year in which it is unconditionally made available by the company to the member
who is entitled to it. Thus, the requirement of method of accounting does not apply to
dividend income.
Exception 2: Interest income
Where no regular method of accounting is employed by the assessee, interest on securities is
chargeable to tax as the income of the previous year in which it becomes due.
Exception 3: Interest on Income-tax refund
As per ICDS-IV (Revenue Recognition), Interest on refund of tax, duty or cess shall be deemed
to be the income of the previous year in which such interest is received.
Exception 4: Interest on Compensation
Interest received on any compensation or enhanced compensation shall be deemed to be the
income of the previous year in which it is received.
Exception 5: Claim for escalation of price
Any claim for escalation of price in a contract or export incentives shall be deemed to be the
income of the previous year in which reasonable certainty of its realization is achieved.
Exception 6: Government grant or Subsidy
Income referred in Section 2(24)(xviii), i.e., certain subsidy or grant or cash incentive or duty
drawback or waiver or concession or reimbursement received or receivable from the Central
Government or a State Government or any authority or body or agency in cash or kind, shall
be deemed to be the income of the previous year in which it is received provided it is not
charged to Income-tax in any earlier previous year.
8.2-3. When maintenance of books of account is mandatory?

As per Section 44AA of the Income-tax Act, an assessee shall maintain books of accounts to
enable the Assessing Officer (AO) to compute his total income. Such books of accounts are
required to be maintained if their income or gross turnover/receipts during the specified
period exceeds the prescribed threshold limit. If the threshold limit, as specified in the below
table, is not crossed, the assessee shall not be required to maintain books of accounts in
accordance with this provision.
The table below demonstrates the requirement for maintaining books of accounts by a
taxpayer engaged in any business. If a taxpayer exceeds either of the thresholds of income or
gross turnover, he shall be required to maintain the books of account.
Nature of Business Category of Threshold Limits

Taxpayer For Income For Gross Turnover or
Receipts
Business Individual or HUF More than Rs. 2,50,000 More than Rs. 25 lakhs in
in any of the 3 years any of the 3 years
immediately preceding immediately preceding
the previous year* the previous year*
Business Others More than Rs. 1,20,000 More than Rs. 10 lakhs in
the previous year* the previous year*
Business eligible for Resident If the income of assessee exceeds the maximum
Presumptive Tax Individual or HUF exemption limit and the person has opted for the
Scheme under Section presumptive scheme in any of the last 5 previous
44AD years but does not opt for the same in the current
year.
Business eligible for Resident The taxpayer has opted for the scheme in any of the
Presumptive Tax Partnership Firm last 5 previous years but it does not opt for the same
in the current year.
Scheme under Section
44AD
* Where business or profession has been set up during the previous year, the threshold limit
of income or gross receipts of the current year shall be checked. In other words, in case of
new business or profession, if income or turnover or receipt of the current year, as the case
may be, are not likely to exceed the threshold limit, the assessee shall not be required to
maintain the books of account.
8.2-4. Which books of accounts have to be maintained?
The following documents should be maintained by the taxpayers to comply with the
requirement of maintenance of books of accounts:
S. No. Nature of Business Threshold Limits Books of Accounts to be maintained

1. Business Income and turnover do Not required to maintain books of
not exceed the threshold accounts
limit as specified above
2. Business Income and turnover Such books of accounts may enable
exceed the threshold the Assessing Officer to compute
limit as specified above the taxable income.
* Where the business has been set up during the previous year, the threshold limit of income
or gross receipts of the current year shall be checked.
“Books or books of account” is defined under section 2(12A) of the Income-tax Act to include
ledgers, day-books, cash books, account-books and other books, whether kept in the written
form or in electronic form or in digital form or as print-outs of data stored in such electronic
form or in digital form or in a floppy, disc, tape or any other form of electro-magnetic data
storage device.
8.2-5. How to compute turnover?
Income-tax Act contains various provisions which have a reference to the sales turnover of an
assessee. The quantum of sales turnover from a business is pertinent to determine the
eligibility of an assessee for a presumptive tax scheme or to determine the obligation of the
assessee to maintain books of accounts under Section 44AA or to get them audited under
Section 44AB, etc. Despite the immense significance of these terms, the Income-tax Act does
not define it. However, the Guidance Note on Tax Audit issued by the ICAI prescribes the
method of determining turnover.
8.2-5a. In case of speculative transaction
A speculative transaction means a transaction in which a contract for purchase or sale of any
commodity or securities, is periodically or ultimately settled otherwise than by the actual
delivery or transfer of commodity or scrips. Thus, in speculative transactions, there can be
both positive and negative differences arising from the settlement of contracts. Each
transaction resulting in whether a positive or negative difference is an independent
transaction. In such transactions, though the contract notes are issued for the full value of the
purchased or sold asset, the entries in the books of account are made only for the differences.
Accordingly, the aggregate of both positive and negative differences is to be considered as
the turnover.
Example 2, Mr X does the following intra-day trading of shares during the year:
Securities Purchase Value Sale value Amount of gain or
(loss)
A 1,00,000 1,15,000 15,000
B 95,000 71,000 (24,000)
C 250,000 2,35,800 (14,200)
D 3,04,000 3,20,000 16,000
Compute his turnover from intra-day trading of shares, that is, speculative transactions.
Answer
In speculative transactions, the aggregate of both positive and negative differences (income
and loss) is considered as the turnover. Thus, the turnover of Mr X shall be computed as
follows:
Securities Amount of gain or (loss)
A 15,000
B (24,000)
C (14,200)
D 16,000
Total 69,200
8.2-5b. In case of derivatives
Derivative transactions which are completed without delivery of shares or securities and
squared up by the payment of differences contain all feature which a speculative transaction
has, but same are not considered as speculative.
The turnover in such types of transactions is determined as follows:
a) Total of favourable and unfavourable differences shall be taken as turnover;
b) Premium received on sale of options is also to be included in turnover; and
c) In respect of any reverse trades entered, the difference thereon should also form part of
the turnover.
Example 3, Mr A enters into the following transaction during the financial year:
Security Strike Buy Buy Sell Sell
Name Type Price Price Qty. Price Qty. Profit/(Loss)
Cipla Futures - 650 1,150 700 1,150 57,500

Nifty Call 10,500 45 75 80 75 2,625
BHEL Call 35 4 10,400 2 10,400 (20,800)
ONGC Futures - 85 4,100 80 4,100 (20,500)
IOC Put 100 10 4,000 12 4,000 8,000
Reliance Ltd. Put 1,700 9 500 5 500 (2,000)
Compute his turnover from the aforesaid transactions.
Answer
In case of derivative transactions, the aggregate of both favourable and unfavourable
differences (i.e., income and loss) is considered as the turnover. Thus, the turnover of Mr A
shall be as follows:
Security Name Profit/(Loss)
Cipla 57,500
Nifty 2,625
BHEL (20,800)
ONGC (20,500)
IOC 8,000
Reliance Ltd. (2,000)
Total Turnover 1,11,425
8.2-5c. In case of delivery-based transaction
Delivery based transactions are those transactions under which transactions are completed
with the actual delivery of stocks and shares, whether intended originally or happened
eventually. While determining the turnover in the case of delivery-based transactions, the
total value of sale shall be considered as the turnover of the assessee.
In Example 3, If Mr X bought 100 shares of Reliance Ltd at Rs 1,600 per share and sold them
at Rs 1,720, the selling value of Rs. 172,000 (100 shares x Rs. 1,720) shall be considered as
turnover.
8.2-5d. In case of investment
Where transactions of sale or purchase of securities are for the purposes of investment and
income arising therefrom is computed under the head 'Capital Gains', then the value of such
transaction is not to be included in sales or turnover.
8.3 VALUATION OF SECURITIES HELD AS STOCK-IN-TRADE
Section 145A of the Income-tax Act provides that for the purpose of determining the income
chargeable under the head ‘Profits and gains of business or profession’, the value of securities
held as stock-in-trade should be calculated in accordance with Income Computation and
Disclosure Standards (ICDS). Thus, the valuation of securities held as stock-in-trade shall be
made in accordance with ICDS-VIII.
8.3-1. Valuation at the time of acquisition
Where any security is acquired by way of purchase, it shall be recognised at an actual cost in
the books of account. The actual cost shall be aggregate of the purchase price and other
directly attributable acquisition charges such as brokerage, fees, taxes, duty or cess.
ICDS-VIII does not provide any guidance on how the indirect cost should be attributed and
added to the actual cost of the securities held as stock-in-trade. Thus, the general accounting
principles can be referred to for such attribution. As per the principles mentioned in
Accounting Standard-2 (Inventories), the indirect cost shall be bifurcated on some appropriate
basis. Thus, indirect costs, which are not directly attributable to any particular security, can
be allocated on an appropriate basis such as the value of securities, number of securities, time
period, etc.
8.3-2. Valuation at the end of the previous year
At the end of any previous year, the listed securities, which have been held as stock-in-trade,
shall be valued at actual cost initially recognised or net realisable value at the end of that
previous year, whichever is lower. Such comparison of actual cost and net realisable value
shall be done category-wise and not for each security. For this purpose, securities shall be
classified into the following categories:
a) Shares
b) Debt Securities
c) Convertible Securities
d) Any other securities not covered above
8.3-2a. Determination of actual cost
The actual cost of securities shall be determined as per the specific identification method.
Under this method, specific costs are attributed to the identified items of securities. If the
application of this method is not practically possible, then the First-In-First-Out method or
Weighted Average method can be applied.
8.3-2b. Determination of net realisable value
The net realisable value of listed securities, for this purpose, shall be the price at which it is
quoted at the stock exchange less the estimated cost to be incurred on its sale.
8.3-3. Treatment of income or loss on account of valuation of stock
Marked-to-market loss, computed as per this ICDS, arising on the subsequent valuation of
listed securities held as stock-in-trade shall be allowed as deduction under Section 36(1)(xviii).
Recognizing unrealized loss in respect of securities held as stock-in-trade at the end of the
previous years is commonly known as ‘marked-to-market loss’. If the notional loss is not
computed in accordance with this ICDS, it shall be disallowed under Section 40A(13).
Whereas, any gain arising due to such valuation shall be taxable as business income under
Section 28. All these adjustments shall be made in the taxable business profits and will be
reflected separately in the Income-tax return and tax audit report.
Example 4, Mr X acquired the following securities from the stock market:

Equity Date of purchase No. of shares Cost per share* Total Value
shares (In Rs.) (In Rs.)
Wipro May 1, Year 00 150 100 15,000
Infosys June 10, Year 00 200 150 30,000
Wipro July 31, Year 00 50 110 5,500
Tata Steel October 08, Year 00 100 250 25,000
Infosys November 15, Year 75 140 10,500
00
Tata Steel November 30, Year 100 240 24,000
00
Total 675 1,10,000
* Cost shall include purchase price and other directly attributable acquisition charges such as
brokerage, fees, taxes, duty or cess.
During the relevant year, he transfers the following shares:
Equity shares No. of shares Sale price per share Total Value
(In Rs.) (In Rs.)
Wipro 60 120 7,200
Infosys 100 200 20,000
Tata Steel 75 300 22,500
Total 235 49,700
The NRV of the shares at the end of the previous year is as follows:
Equity shares NRV per share
(In Rs.)
Wipro 125
Infosys 160
Tata Steel 200
As in the case of listed shares (held in Demat form), it is impossible to follow the specific
identification method, the value of equity shares at the year-end can be determined either as
per the FIFO Method or Weighted Average Method.
1. Value of closing stock as per FIFO method
Equity Date of purchase No. of Cost NRV Total Total NRV

shares shares per Cost
remaining share
Wipro May 1, Year 00 90 100 125 9,000 11,250
Infosys June 10, Year 00 100 150 160 15,000 16,000
Wipro July 31, Year 00 50 110 125 5,500 6,250
Tata Steel October 08, Year 00 25 250 200 6,250 5,000
Infosys November 15, Year 00 75 140 160 10,500 12,000
Tata Steel November 30, Year 00 100 240 200 24,000 20,000
Total 440 70,250 70,500
As the aggregate of cost of securities, held as stock-in-trade at the end of the year, is less than
the aggregate of NRV of securities, no adjustment is required under this ICDS and stock shall
be recognized at cost.
2. Value of closing stock as per weighted average
Equity shares No. of Cost per Net Total Cost Total NRV
shares share Realisable
remaining (In Rs.)* Value (NRV)
Wipro 140 102.50 125 14,350 17,500
Tata Steel 125 245 200 30,625 25,000
Infosys 175 147.27 160 25,772 28,000
Total 440 70,747 70,500
* The cost per share as per weighted average shall be calculated as per the following formula:
Total cost incurred in 1st acquisition + Total cost
Weighted Avg. cost per
= incurred in 2nd acquisition + …….. and so on
share
Total no. of shares acquired
As the aggregate of NRV of securities, held as stock-in-trade at the end of the year, is less than
the aggregate of the actual cost of acquisition. The stock shall be recognized at NRV, and the
difference shall be allowed to be deducted as a marked-to-market loss while computing
business income.
8.4 VALUATION OF STOCK IN SPECIAL CASES

8.4-1. Securities not acquired from market
A trader or broker may consider his investment as stock-in-trade or a partner may introduce
his investment as capital contribution in a share broking firm. As such securities have not been
acquired from the market, on the date such securities are added in the ledger of stock-in-
trade, the valuation of such securities shall be computed as per specific provisions of the
Income-tax Act.
8.4-1a. Conversion into stock-in-trade
Where a capital asset is converted or treated by the owner as stock-in-trade of the business
carried on by him, such conversion is treated as a transfer of a capital asset in the year of
conversion itself. However, the capital gain arising therefrom is charged to tax in the previous
year in which such stock-in-trade is sold. In view of Section 45(2) of the Income-tax Act, to
calculate the capital gains on such conversion, the fair market value of such asset on the date
of conversion is deemed as sales consideration arising from the transfer of such asset. The
same fair market value is considered as the actual cost of the stock-in-trade arising from the
conversion of a capital asset.
8.4-1b. Introduction of investment as a capital contribution
When a new partner (or member) is introduced in a partnership firm (or AOP or BOI) and he
introduces a capital asset in the firm as his capital contribution, he is deemed to have
transferred the ownership of such capital asset to the firm. In view of Section 45(3) of the
Income-tax Act, to calculate the capital gains in such case, the amount recorded in the books
of accounts of the firm, in respect of such contribution is deemed as the full value of the
consideration received by the partner as a result of a transfer of the capital asset. If the firm
treats such capital contribution as stock-in-trade, the value of such stock shall be the amount
so recorded by the firm in its books of account.
8.4-2. Opening Stock of Securities
The closing stock of a year is the opening stock of next year. Thus, the value placed by the
assessee on the closing stock of a year should be adopted by him as the value of the opening
stock of next year. Thus, where an assessee values his closing stock in a year at cost or NRV,
whichever is less, he cannot be permitted to value his opening stock next year at cost price.
8.4-3. In case of dissolution of a firm
As per ICDS-II (Valuation of Inventories), in case of dissolution of a partnership firm or AOP or

BOI, the inventories shall be valued at the net realisable value on the date of dissolution,
irrespective of the fact the business is discontinued or not. Thus, where the business of the
firm is taken over by a partner without discontinuance, the value of the closing stock, for the
purpose of determining the income of the firm up to the date of dissolution, shall be deemed
to be its market value.
8.5 DETERMINATION OF ACTUAL COST OF SECURITIES
8.5-1. Actual cost of securities purchased
As per Section 145A of the Income-tax Act, where securities are held as inventories, the value
thereof shall be calculated in accordance with the following:
a) Securities not listed on a recognised stock exchange, or listed but not quoted on a
recognised stock exchange with regularity from time to time, shall be valued at actual cost
initially recognised in accordance with ICDS-VIII;
b) Other securities shall be valued at lower of actual cost or net realisable value in
accordance with ICDS-VIII.
As per ICDS-VIII, where any security is acquired by way of purchase, the actual cost shall be
aggregate of the purchase price and other directly attributable acquisition charges such as
brokerage, fees, taxes, duty or cess. If security is acquired in exchange of any other security
or asset, the actual cost shall be the fair value of the security which has been acquired. Fair
value of security refers to the amount for which the asset could be exchanged between
knowledgeable parties at an arm’s length transaction.
ICDS-VIII does not provide any guidance on how the indirect cost should be attributed and
added to the actual cost of the securities held as stock-in-trade. Thus, the general accounting
principles can be referred to for such attribution. As per the principles mentioned in
Accounting Standard-2 (Inventories), the indirect cost shall be bifurcated on some appropriate
basis. Thus, indirect costs, which are not directly attributable to any particular security, can
be allocated on an appropriate basis such as the value of securities, number of securities, time
period, etc.
Example 5, Mr A acquired the following securities:
Equity Shares No. of shares Rate per share (In Rs.) Total Value (in Rs.)
A Ltd. 100 100 10,000
B Ltd. 250 50 12,500
C Ltd. 150 15 2,250
D Ltd. 500 20 10,000
X Ltd. 50 150 7,500
Y Ltd. 100 25 2,500
Total 44,750
In respect of these acquisitions, the taxpayer has taken the advice from a consultant and paid
consultancy fees at the rate of 10% of the total value of the portfolio i.e. Rs. 4,475. He also
pays the security transaction tax at the rate of 0.1% on the value of each transaction.
For calculation of the actual cost of the securities, the directly attributable cost shall be taken
on an actual basis and the indirect expenses shall be allocated on some reasonable basis (i.e.,
the value of securities acquired). Thus, the actual cost of these securities shall be determined
in the following manner:
Equity Shares Cost of Acquisition STT at the Advisory fee at Actual cost of
rate of 0.1% the rate of shares
10%
A Ltd. 10,000 10 1,000 11,010
B Ltd. 12,500 12.50 1,250 13,762.50
C Ltd. 2,250 2.25 225 2477.25
D Ltd. 10,000 10 1,000 11,010
X Ltd. 7,500 7.50 750 8,257.50
Y Ltd. 2,500 2.50 250 2752.50
8.5-2. Securities acquired on partition of HUF or by gift or inheritance
As per Section 43C(2) of the Income-tax Act, where securities are acquired by the assessee on
the total or partial partition of a HUF or under a gift or will or an irrevocable trust, and it is
sold by the assessee as stock-in-trade, the cost of acquisition of such securities in the hands
of the assessee shall be the cost of acquisition of the said securities to the transferor or the
donor, as the case may be. This actual cost shall be increased by the cost of any improvement
made thereto. Further, the expenditure, if any, incurred, wholly and exclusively in connection
with such transfer shall also be added to the cost of acquisition.
8.5-3. Securities acquired in a scheme of amalgamation
As per Section 43C(1) of the Income-tax Act, where securities are acquired by the assessee,
an amalgamated co., under a scheme of amalgamation, and it is sold by the assessee as stock-
in-trade, the cost of acquisition of such securities in the hands of the assessee shall be the
cost of acquisition of the said securities to the amalgamating co. (transferor). This actual cost
shall be increased by the cost of any improvement made thereto. Further, the expenditure, if
any, incurred, wholly and exclusively in connection with such transfer shall also be added to
the cost of acquisition.
8.5-4. Securities acquired in cash
As per Section 40A(3) of the Income-tax Act, no deduction is allowed for an expenditure, even
if it is deductible under any other provision if payment (or aggregate of payments) for such
expenditure to a person in a day exceeds Rs. 10,000 and it is made by any mode other than
account payee cheque or bank draft or electronic clearing system through a bank account or
prescribed electronic modes. Thus, if consideration for the purchase of securities (held as
stock-in-trade) are not made through the prescribed mode of payment, the amount so paid
in contravention shall be disallowed while computing the business income.
8.6 COMPUTATION OF BUSINESS INCOME

An assessee has two options to pay tax on business income. Under the first option, he can
compute taxable income based on books of account. The second option is a presumptive tax
scheme wherein the income will be estimated at a prescribed percentage or amount based
on total turnover or gross receipts. The computation of income under normal provisions of
the Income-tax Act and on a presumptive basis have been explained below.
8.6-1. Computation as per normal provisions
The business income under the normal provision shall be computed in the following manner:
Particulars Amount
Aggregate of:
1. Revenue receipts xxx
2. Capital receipts which are specifically covered xxx
Less:
1. Revenue Expenditures xxx
2. Capital Expenditures which are specifically allowed as deduction xxx
3. Depreciation
xxx
4. Expenditures allowed on payment basis
xxx
xxx
The advantage of not computing income on a presumptive scheme is that a person can claim
a deduction of all the expenses incurred in connection with the sale or purchase of securities.
Following are some of the expenses that can be claimed when real income is computed on
basis of books of account:
a) Brokerage, exchange charges, stamp duty, security transaction tax and all other taxes;
b) Internet or telephone charges;
c) Depreciation on computer/other electronics;
d) Office rent;
e) Staff salary;
f) Advisory fee, etc.
These expenditures shall not be allowed to be deducted while computing the income on a
presumptive basis.
Example 6, Mr A is engaged in the trading of shares and derivatives. He entered into the
following transactions during the financial year:
Type of Buy Sell
Security Transaction Qty. Buy Value Sell Value Average Average Realized P&L
Tata Motors Intra-day 10,000 862,000 926,000 86.2 92.6 64,000
IOC Futures 12,000 16,27,200 15,00,000 135.6 125 (-) 127,200
ONGC Call 99,000 12,87,000 13,86,000 13 14 99,000
BHEL Put 300,000 11,70,000 11,16,000 3.9 3.72 (-) 54,000
Tata Steel Intra-day 1,500 840,000 720,000 560 480 (-) 120,000
SAIL Futures 25,000 10,85,000 11,00,000 43.4 44 15,000
Reliance Futures 5,000 49,00,000 57,50,000 980 1150 850,000
Realized Profit 726,800
He paid the following charges in respect of intra-day and derivative transactions:

Transaction charges Intra-day Derivative
Brokerage 184 1,656
Exchange Transaction Charges 174 1,564
Integrated GST 70 630
SEBI Turnover Fees 12 108
Securities Transaction Tax 3,570 32,130
Stamp Duty 377 3,398
Total 4,387 39,486
Compute the amount of income chargeable to tax in the hands of Mr A.
Answer
The profit and loss arising to Mr A from trading in shares and derivatives shall be computed
as follows:
Particulars Intra-day Derivative
Turnover [Aggregate of income and loss] 184,000 11,45,200
Gross Profit [Sale – Purchase] (-) 56,000 782,800
Less:
Expenses 4,387 39,486
Net Profit/(Loss) (-) 60,387 743,314
As intra-day trading is treated as a speculative transaction, loss of Rs. 60,387 arising from such
transaction shall not be allowed to be set-off from the income of Rs. 743,314 arising from
derivative transactions being normal business income. Thus, the amount of income
chargeable to tax in the hands of Mr X for the relevant financial year shall be Rs. 743,314.
Further, the speculative loss of Rs. 60,387 shall be carried forward up to a period of four
assessment years for set-off against income from speculative transactions.
8.6-2.Computation under presumptive scheme
Section 44AD of the Income-tax Act allows small businessmen to offer their income to tax on
a presumptive basis. A person opting for a presumptive taxation scheme is not required to
maintain the books of accounts and get them audited. However, he shall not be allowed to
claim a deduction of any expenses, whether revenue or capital expenditure, while computing
his income. The business income under the presumptive scheme is computed in the following
manner:
Particulars Amount
Total turnover or gross receipts of business or profession (A) xxx

Percentage at which presumptive income shall be computed (B) xxx
Presumptive Income from business or profession [C = A * B] xxx
The presumptive taxation scheme of Section 44AD can be opted by an eligible person (a
resident Individual, HUF and partnership firm) if the turnover from the business during the
relevant previous year does not exceed Rs. 2 crores. As per this scheme, 8% of total turnover
from business is deemed as presumptive income. However, where the payment is received
by an account payee cheque or bank draft or ECS or through other prescribed electronic
modes during the previous year or before the due date of furnishing return of income, the
presumptive income on that portion shall be 6%. As in case of the securities market, all
transactions are made through a bank account, the presumptive income shall be 6% of the
turnover.
As per section 44AD of the Income-tax Act, an eligible person can opt for a presumptive
taxation scheme in respect of any business except where the person is engaged in any agency
business or earning income in the nature of commission or brokerage. Section 44AD does not
exclude speculative business from its scope. However, a person opting for a presumptive
taxation scheme is required to file his return of income under ITR-4 and in the instruction
relating to filing of such return, it has been specifically mentioned that income from
speculative business shall not be computed under section 44AD. Hence, even though section
44AD does not specifically exclude speculative business from its scope but the department
does not provide the benefit of a presumptive taxation scheme in case of speculative
business.
8.7 SET OFF AND CARRY FORWARD OF BUSINESS LOSS

Income-tax Act provides distinct provisions for set-off and carry forward of speculative loss
and non-speculative loss which are as follows:
8.7-1. Intra-head Adjustment
If there are several sources of income, falling under the same head of income, the loss from
one source of income may be set-off against the income from another source, falling under
the same head of income.
For example, loss from one business can be set off against the income from another business.
However, losses from speculative business (i.e., loss from intra-day trading) can be set-off
only against speculative profits (i.e., profit from intra-day trading). These losses cannot be set
off against normal business profits, though both of them fall under the same head ‘profits and
gains of business or profession’. However, losses from a normal business can be adjusted
against the profits of a speculative business.
8.7-2.Inter-head Adjustment
Where after intra-head adjustment the net result under a head of income is a loss, the same
can be set-off against the income from other heads in the same previous year.
For example, business losses can be set off against income taxable under the head Income
from house property. However, there are some exceptions to the rule of inter-head
adjustment.
8.7-2a. Exception 1: No Set-off against Salary Income
Business loss cannot be set off against the income assessable under the head salaries.
8.7-2b. Exception 2: Speculation Loss
Speculative losses cannot be set off against income taxable under any other head, i.e.,
salaries, house property, capital gains and other sources. These losses can be set off only
against income from speculative business.
8.7-2c. Exception 3: Loss from specified business
Losses from specified business as referred to in Section 35AD cannot be set off against income
taxable under any other head. These losses shall be set off against income from the specified
business only.
8.7-2d. Exception 4: No set-off of losses against certain incomes
Business loss (whether speculative or non-speculative) or unabsorbed depreciation cannot be

set-off against the following incomes:
(a) Undisclosed income found during search/survey [Section 79A];
(b) Income from gambling activities [Section 115BB]
(c) Unexplained income [Section 115BBE];
(d) Income from transfer of virtual digital asset [Section 115BBH]; and
(e) Specified income of trust or institutions [Section 115BBI]
8.7-3. Carry Forward of Losses

8.7-3a. Non-speculative Losses
If the loss from non-speculative business cannot be set-off against income taxable under the
same head and income taxable under another head within the same previous year, such
unabsorbed loss shall be allowed to be carried forward to set-off against any business income
(i.e., income from speculative, non-speculative or specified business) of subsequent years.
The losses can be carried forward for 8 Assessment Years immediately following the year for
which the loss was first computed. Carried forward a loss from non-speculative business can
be set off against any business income of subsequent years. However, it cannot be set-off
against income taxable under any other head in subsequent years.
For example, if business loss relates to the Assessment Year 2019–20, it can be carried forward
for 8 Assessment Years, that is, up to Assessment Year 2027–28.
8.7-3b. Speculative Loss
Income-tax Act has applied different yardsticks for speculation losses and business losses,
though both of them fall under the same head of income. If losses from a speculative business
could not be set off from the similar income of the same assessment year, it can be carried
forward to be set-off against speculative income of the future years. Such losses can be
carried forward for 4 Assessment Years immediately following the year for which the loss was
first computed.
8.7-4. Summary
Type of Loss How to Set-off the Adjustment Against Time Limit

loss?
Non-speculative Intra-head Adjustment Any Business Income, i.e., Same Year
Business Loss of loss speculative or non-
speculative business income
Non-speculative Inter-head Adjustment Any Income except salary Same Year
Business Loss of loss income and other specified
incomes
Non-speculative Carried Forward Any Business Income, i.e., Within 8 Years
Business Loss Losses speculative or non-
speculative business income
Speculative Intra-head Adjustment Speculative Business Income Same Year
Business Loss of loss
Speculative Inter-head Adjustment Not Allowed -
Business Loss of loss
Speculative Carried Forward Speculative Business Income Within 4 Years
Business Loss Losses
8.7-5. Condition to carry forward the loss
The assessee is entitled to carry forward the business loss provided the return of income is
filed on or before the due date. If such return is not filed within the prescribed due date, the
right to carry forward and set off such loss is lost. However, Intra-head adjustment of losses,
Inter-head adjustment of losses and unabsorbed depreciation during the current year shall
not be impacted even if the return is not filed on or before the due date. If assessee failed to
file the return on time, he can apply to the Assessing Officer (AO) or the CBDT for condonation
of delay in filing of return of income.
8.8 INCOME COMPUTATION AND DISCLOSURE STANDARDS

The CBDT has notified Income Computation and Disclosures Standards or ICDS for
computation of taxable income. To date, 10 ICDS have been notified which are applicable
from Assessment Year 2017-18. ICDS are applicable only for computation of taxable income
and not for maintenance of books of account.
8.8-1. About ICDS
In exercise of the powers conferred by Section 145(2) of the Income-tax Act, 1961, the Central
Government has notified the Income Computation and Disclosure Standards (also referred to
as ICDS). ICDSs have been issued to bring uniformity in the accounting policies governing
computation of income for taxability under the Income-tax Act and to reduce the litigations.
8.8-2. Applicability
Every assessee earning income taxable under the head ‘Profit and gains from business or
profession’ or ‘Income from other sources’ or both is required to compute taxable income in
accordance with notified ICDS. However, the ICDS shall be followed only if the assessee is
maintaining accounts as per the ‘Mercantile system’ of accounting.
There is no threshold limit on the amount of turnover or taxable income for the applicability
of ICDS. Thus, every assessee earning business income or residuary income shall be required
to follow ICDS for computation of income. The applicability of ICDS shall be subject to certain
exceptions.
The CBDT has clarified that the general provisions of ICDS shall apply to all persons including
banks, NBFCs, insurance companies, etc. unless there are sector-specific provisions contained
in the ICDS or the Act. For example, ICDS-VIII (Securities) contains specific provisions for banks
and certain financial institutions and Schedule I of the Act contains specific provisions for
Insurance business.
Exception 1: Exemption to certain assessees
Following assessees are not required to comply with the requirements of ICDS:
(a) An individual or HUF who is not required to get his books of account, of the previous year,
audited under section 44AB; and
(b) Any assessee who has opted for a presumptive taxation scheme.
However, the CBDT has clarified that the relevant provisions of ICDS shall also apply to the
persons computing income under the presumptive taxation scheme. For instance, for
computing the presumptive income of a partnership firm under section 44AD of the Act, the
provisions of ICDS on Construction Contract or Revenue recognition shall apply for
determining the receipts or turnover, as the case may be.
Exception 2: Exemption for MAT Computation
The CBDT has clarified that the provisions of ICDS are applicable for computation of income
under the regular provisions of the Act, thus, the provisions of ICDS shall not apply for
computation of MAT. However, where the assessee is liable to pay AMT under the provisions
of Section 115JC, the provisions of ICDS shall be applicable for computation of AMT.
8.8-3. ICDS & Income-tax Act
ICDSs have to be applied for the purpose of computation of business income only and an
assessee is not required to maintain books of accounts as per these standards. In the event
of a conflict between the provisions of the Act or Rules and ICDS, the provisions of the Act or
Rule, as the case may be, shall prevail over ICDS.
8.8-4. Notified ICDS
The CBDT has notified the following 10 Income Computation and Disclosure Standards:
2. ICDS 1: Accounting Policies
3. ICDS II: Valuation of inventories
4. ICDS III: Construction contracts
5. ICDS IV: Revenue Recognition
6. ICDS V: Tangible fixed assets
7. ICDS VI: The effects of change in Foreign exchange rates
8. ICDS VII: Government Grants
9. ICDS VIII: Securities
10. ICDS IX: Borrowing costs
11. ICDS X: Provisions, Contingent liabilities and Contingent Assets
These ICDS are applicable with effect from April 1, 2016. Thus, income taxable for the
Assessment Year 2017-18 onwards shall be computed in accordance with these ICDS.
Review Questions
1. Which of these are Income are NOT taxable as per method of accounting?
(a) Dividend Income

(b) Interest Income
(c) Interest on Income-tax refund
(d) All of these
2. Which of the following expenses can be claimed when real income is computed on
basis of books of account?
(a) Brokerage, exchange charges, stamp duty, security transaction tax &
other taxes
(b) Office rent
(c) Depreciation on computer/other electronics
(d) All of these
3. Non-speculative business losses can be carried forward and set-off against business
income within
(a) Within 8 years

(b) the same year only
(c) Within 10 years
(d) Within 5 years
4. Payment of commodity transaction tax (CTT) does not apply in case of
(a) Agricultural commodity derivatives

(b) Oil derivatives
(c) Metal derivatives
(d) Index Derivatives
CHAPTER 9: TAXATION IN THE HANDS OF INTERMEDIARIES
 Taxes paid by the different Securities Market Intermediaries
Intermediaries occupy an essential space in today’s capital market. Market intermediaries

operate as a bridge between capital providers and capital seekers. Any person operating in
the capital market other than investor & issuer is an intermediary.
9.1 WHO IS AN INTERMEDIARY?

The intermediary has been defined in the SEBI (Intermediaries) Regulations, 2008. This
definition covers the following persons:
a) Stock-brokers and sub-brokers
b) Share transfer agents
c) Bankers to an issue
d) Trustees of trust deeds
e) Registrars to an issue
f) Merchant bankers
g) Underwriters
h) Portfolio managers
i) Investment advisers
j) Depositories and depository participants
k) Custodians of securities
l) Foreign Institutional Investor
m) Credit rating agencies
n) Asset management companies
o) Clearing members of clearing corporation or clearing house
p) Trading member of derivative segment or currency derivative segment
q) Any other intermediary who may be associated with securities markets in any manner
The intermediary regulation excludes explicitly the following persons from the definition of
intermediary:
a) Foreign Venture Capital Investors
b) Mutual Funds
c) Collective Investment Scheme
d) Venture Capital Funds
For the meaning of persons covered in the definition of intermediaries see Para 1.2-2 of
Chapter-1.
9.2 TAXATION OF MARKET INTERMEDIARIES

There are no separate provisions for taxation of income of intermediaries except in the case
of FPIs (see Chapter 10 for taxability of FPIs). Thus, the income of an intermediary shall be
taxed as per the general provisions of the Income-tax Act. The income earned by the market
intermediaries, which is generally in the nature of commission income, fees or brokerage, is
treated as the business income and taxable under the head ‘Profit and gains from business or
profession’. However, if intermediaries hold some securities as an investment, the gain or loss
arising therefrom shall be taxable under the head capital gains (see Chapter 3 to know more
about Capital Gains).
Various provisions of the Income-tax Act which are relevant for the Intermediaries have been
discussed below.
9.2-1. Determination of business income

The business income shall be computed in accordance with the method of accounting
regularly followed by the intermediary. For the computation of business income, a taxpayer
can follow either the mercantile system of accounting or cash basis of accounting.
Income-tax Act allows small and medium enterprises to compute income from business or
profession on a presumptive basis. Thus, a person earning business income has an option to
declare his income in accordance with the presumptive taxation scheme or to declare his
income in accordance with normal provisions prescribed under Section 28 to Section 44DB.
However, Section 44AD specifically prohibits an assessee from opting presumptive taxation
scheme in respect of commission or brokerage income.
Where an assessee is carrying on the following professions, he can opt for the presumptive
taxation scheme of Section 44ADA:
a) Legal
b) Medical
c) Engineering
d) Architectural
e) Technical Consultancy
f) Interior decoration
g) Film artist
h) Authorized Representative
i) Accountancy Profession
j) Company secretary
k) Information Technology
Security market intermediaries do not have an option to declare their income as per the
presumptive taxation scheme if their income is in the nature of commission income or
brokerage income. They have to compute the income in accordance with the general
provisions prescribed under section 28 to section 44DB. The method for computation of
business has been enumerated below.
Particulars Amount
Aggregate of:
xxx
1. Revenue receipts xxx
2. Capital receipts which are specifically covered
Less:
xxx
6. Revenue Expenditures xxx
7. Capital Expenditures which are specifically allowed as deduction xxx
8. Depreciation
xxx
9. Expenditures allowed on payment basis
xxx
9.2-2 Payment of advance tax

Section 208 of the Income-tax Act provides that if the estimated tax liability of an assessee
during a financial year is Rs. 10,000 or more, he is liable to make payment of advance tax. To
determine the tax payable by way of advance tax, the assessee is required to compute his
estimated income for the financial year and the tax liability thereon.
Step 1: Calculate the estimated total income of the previous year
Estimated Income and Deductions Amount
Normal income taxable as per applicable tax rate xxx
Special income taxable as per special tax rate xxx
Estimated Gross Total Income xxx
Less:
Deductions under Chapter VI-A (xxx)
Estimated Net Taxable Income xxx
Step 2: Calculate tax on the estimated total income of the previous year.
Particulars Amount
Tax on Total Income xxx
Less:
Add:
Surcharge xxx
Add:
Gross tax liability xxx
Less:
- MAT Credit or AMT Credit (xxx)
- Tax relief under Section 89 (xxx)
Less: Prepaid taxes
Total advance tax liability xxx
The amount payable by way of advance tax is rounded off to the nearest multiple of Rs. 10.
For this purpose, any part of the rupee, consisting of paisa, is ignored. Thereafter, where such
amount is not a multiple of ten, and the last figure in that amount is five or more, such amount
is increased to the next higher amount which is a multiple of ten. If the last figure of such
amount is less than five, the amount is reduced to the next lower amount which is a multiple
of ten.
For example, the tax payable of Rs. 15,493 shall round down to Rs. 15,490 and tax of Rs.
15,495.01 shall be round up to Rs. 15,500.
Advance tax is required to be paid in four instalments as follows:
Due date for payment of advance tax Advance tax to be payable
On or before June 15 of the previous year Not less than 15% of advance tax
On or before September 15 of the previous year Not less than 45% of advance tax
On or before December 15 of the previous year Not less than 75% of advance tax
On or before March 15 of the previous year 100% of advance tax
Any tax paid, on or before 31st March, shall also be treated as advance tax paid during the
financial year.
Where an assessee declares his business or professional income in accordance with the
presumptive tax scheme of Section 44AD or Section 44ADA, he is not liable to discharge his
advance tax liability in accordance with aforesaid instalments. He can discharge the whole
amount of his advance tax liability on or before March 15th of the previous year. Thus, he can
pay 100% of advance tax in a single instalment on or before March 15 of the previous year.
9.2-3 Deduction of tax at source
The concept of Tax Deducted at Source, commonly known as TDS or withholding tax, has been
introduced to ensure regular flow of revenue to the Government. The payer of income is
required to deduct tax from certain payments at the prescribed rates and deposit it to the
credit of the Central Government within the prescribed time. The provisions of TDS have been
summarized in the below table.
Overview of TDS
Rate of TDS
Time of
Sectio Nature of If PAN is If return is not
Payer Payee If PAN is Deductio
n Income not furnished
furnished n
furnished
(a) (b) (c) (d) (e) (f) (g) (h)
193 Interest on Every Resident 10% 20% 20% At the
Securities Payer Person time of
credit or
payment,
whicheve
r is
earlier
194 Dividend Indian Resident 10% 20% 20% At the
Company Person time of
payment
or
distributi
on,
whicheve
r is
earlier
194A Interest Any Resident 10% 20% 20% At the
other than person Person time of
interest on (Refer credit or
Securities note 3) payment,
whicheve
r is
earlier
194D Insurance Every Resident  10% - If 20% -20% - If At the
Commissio Payer Person deductee deduct¬ee is a time of
n is a domestic credit or
domestic company payment,
company -10%-In other whicheve
 5% - In cases r is
other earlier
cases
194E Payment Every Any 10% 20% 20% [Note 1] At the
E in respect Payer Person time of
of deposits payment
under
National
Saving
Scheme
194F Repurchas Every Any 20% 20% 40% [Note 1] At the
e of Units Payer Individua time of
by Mutual l or HUF payment
Fund or
UTI
194H Commissio Any Resident 5% 20% 10% At the
n and person Person time of
Brokerage (Refer credit or
note 3) payment,
whicheve
r is
earlier
194J Royalty Any Resident  2%: If the 20%  5%: If the At the
and Fees person Person sum is sum is time of
for (Refer payable payable credit or
Profession note 3) towards towards payment,
al or royalty royalty whicheve
Technical income income r is
Services arising to a arising to a earlier
person by person by
way of sale, way of sale,
distribution distribution
or exhibition or exhibition
of of
cinematogra cinematogra
phic films phic films
 2%: If the  5%: If the
recipient is recipient is
engaged in engaged in
business of business of
operation of operation of
call Centre call Centre
 2%: If the  5%: If the
sum is sum is
payable payable
towards fees towards fees
for technical for technical
services services
(other than (other than
professional professional
services) services)
 10%: In all 20%: In all
other other cases
cases
194K Income in Any Resident  10% 20% 20% At the
respect of person person time of
units of credit or
mutual payment,
fund whicheve
r is
earlier
194L Interest Any Non- 5% 20% 10% [Note 1] At the
B from Person resident time of
Infrastruct Person credit or
ure Debt payment,
Fund whicheve
r is
earlier
194L Income Real Estate Any  10%: If the  20%: If  20%: If the At the
BA distributed Investmen person recipient is the recipient is time of
by a t Trust who is a resident in recipient resident in credit or
Business (REIT) or unit India is India payment,
Trust Infrastruct holder  5%: If the resident  10%: If the whicheve
ure recipient is in India recipient is r is
Investmen non-resident  20%: If non-resident earlier
t Trust and the and
(InVITs) payment is recipient payment is
in nature of is non- in nature of
interest resident interest
 10%: If the and  20%: If the
recipient is Payment recipient is
non-resident is in non-resident
and nature of and
payment is interest payment is
in nature of and in nature of
dividend dividend dividend
 Rates in  Rates  Twice of
force62: If in rate in force:
the force: If the
recipient If the recipient is
is non- recipie non-resident
resident nt is and
and non- payment is
payment reside in nature of
is in nt and rent
nature of payme [Refer Note 1]
rent nt is in
nature
of rent
194L Income in Any Any  10%: If the  20%: If  20%: If the At the
BB respect of Person person recipient is the recipient is time of
units of who is a resident in recipient resident in credit or
Category I India is India payment,
62‘Rate or rates in force’ means the rate or rates of income-tax as specified for deduction of tax in this behalf in the Finance
Act of the relevant year or the rate or rates of income-tax specified in DTAA, whichever is lower.
or unit  Rates in resident  Twice of whicheve
Category II holder force: If the in India rates in r is
Alternative recipient is a  Rates in force: If the earlier
Investmen non-resident force or recipient is a
t Fund 20%, non-resident
(AIFs) whicheve [Refer Note 1]
r is
higher: If
the
recipient
is a non-
resident
194L Income in Any Any  25%: If the  25%: If [Refer Note 1] At the
BC respect of Person person recipient is a the time of
investmen who is a resident recipient credit or
t in unit individual or is a payment,
Securitizati holder HUF resident whicheve
on Trust  30%: If the individua r is
recipient is l or HUF earlier
any other  30%: If
resident the
person recipient
 Rates in is any
force: If the other
recipient is a resident
non-resident person
Rates in
force or
20%,
whicheve
r is
higher: If
the
recipient
is a non-
resident
194L Income by Indian Non-  4%: If -  8%: If At the

C way of Company resident interest is interest is time of
Interest in or a Person or payable in payable in credit or
respect of Business foreign respect of respect of payment,
foreign Trust company long-term long-term whicheve
borrowing bond or bond or r is
s rupee- rupee- earlier
denominate denominate
d bonds d bonds
listed on a listed on a
recognised recognised
stock stock
exchange in
IFSC5%: In exchange in
any other IFSC
case  10%: In any
other case
[Refer Note 1]
194L Income by Any Foreign 5% 20% 10% [Note 1] At the
D way of Person Institutio time of
Interest on nal credit or
Rupee Investor payment,
Denomina or whicheve
ted Bonds Qualified r is
and Foreign earlier
Governme Investor
nt
Securities
or
municipal
debt
securities
194M Payment Individual Resident 5% 20% [Refer Note 1] At the
to a or HUF not person time of
contractor liable for credit or
, deduction payment,
commissio under whicheve
n agent, section r is
broker or 194C, earlier
profession 194H and
al by 194J
certain
Individuals
or HUF
194N Cash Banking Resident  2%: In 20% [Refer Note 1] At the
withdrawa company, or Non- general, if time of
l co- Resident cash payment
operative withdrawn
bank or exceeds Rs.
Post Office 1 crore
 2%: If the
assessee has
not
furnished
return for
the last 3
assessment
years and
cash
withdrawn
exceeds Rs.
20 lakhs but
does not
exceed Rs. 1
crore
 5%: If the
assessee
has not
furnished
return for
last 3
assessme
nt years
and cash
withdraw
n exceeds
Rs. 1 crore
195 Long-term Any Non- 10% 20% 20%[Note 1] At the

Capital Person resident time of
Gains Person or credit or
exceeding foreign payment,
Rs. 1 lakh company whicheve
from the r is
transfer of earlier
listed
equity
shares,
units of an
equity-
oriented
mutual
fund or
business
trust as
referred to
in Section
112A
195 Long-term Any Non- 10% 20% 20%note 1 At the
capital Person resident time of
gain from Person or credit or
transfer of foreign payment,
unlisted company whicheve
shares or r is
shares of a earlier
closely
held
company
Gains from Indian credit or
transfer of payment,
specified whicheve
assets by a r is
non- earlier
resident
Indian
Gains from Person or credit or
any other company whicheve
capital r is
asset earlier
195 Short-term Any Non- 15% 20% 30%[Note 1] At the
Gains from Person or credit or
listed company whicheve
equity r is
shares, earlier
units of an
equity-
oriented
mutual
fund or
business
trust on
which
Securities
Transactio
n Tax (STT)
is paid
195 Short-term Any Non-  Foreign  Foreig  80%: Foreign At the
Capital Person resident Company- n Company time of
Gains from Person or 40% Compa  60%: Other credit or
transfer of foreign  Other ny- Non- payment,
any other company Non- 40% resident whicheve
capital resident  Other person r is
asset person- Non- [Refer Note 1] earlier
30% reside
nt
person
- 30%
195 Interest Any Non- 20% 20% See Note 1 & 2 At the
income Person resident time of
payable by Person or credit or
Governme foreign payment,
nt or company whicheve
Indian
concern r is
on money earlier
borrowed
or debt
incurred in
foreign
currency
(not being
interest
referred to
in Section
194LB or
Section
194LC)
195 Income Any Non- 20% 20% See Note 1 & 2 At the
from Person resident time of
foreign Indian credit or
exchange payment,
assets whicheve
payable to r is
a non- earlier
resident
Indian
195 Royalty63 Any Non- 10% 20% See Note 1 & 2 At the
Person resident time of
Person or credit or
foreign payment,
company whicheve
r is
earlier
195 Fee for Any Non- 10% 20% See Note 1 & 2 At the
technical Person resident time of
services64 Person or credit or
foreign payment,
company whicheve
r is
earlier
195 Dividend Any Any Non- 20% 20% See Note 1 & 2 At the
Person resident time of
credit or
payment,
whicheve
r is
earlier
63 Where royalty is payable by the Government or by an Indian concern under an agreement made after 31-03-1961 but
before 01-04-1976, the tax shall be deducted at the rate of 50%.
64 Where Fee for Technical Services is payable by the Government or by an Indian concern under an agreement made after
29-02-1964 but before 01-04-1976, the tax shall be deducted at the rate of 50%
195 Any other Any Non-  Foreign  Foreig See Note 1 & 2 At the
Income Person resident Company- n time of
Person or 40% Compa credit or
foreign  Other ny- payment,
company Non- 40% whicheve
resident  Other r is
person- Non- earlier
30% reside
nt
person
- 30%
196A Income in Any Non- 20% 20% 40%[Note 1] At the
respect of person resident time of
units of person credit or
mutual payment,
fund whicheve
r is
earlier
196B Income or Any Offshore 10% 20% 20% [Note 1] At the
capital Person Fund time of
gain credit or
arising payment,
from units whicheve
purchased r is
in foreign earlier
currency
196C Interest, Any Non- 10% 20% 20% [Note 1] At the
dividend Person resident time of
or capital Person credit or
gains payment,
arising whicheve
from r is
Bonds or earlier
GDRs
196D Income Any FIIs or  20%: FIIs 20%  FIIs: See At the
payable in Person Specified  10%: Note 4 time of
respect of Fund Specified  20%: credit or
securities fund Specified payment,
to FIIs or Fund whicheve
specified [Refer Note 1] r is
funds earlier
Note 1: Section 206AB provides for deduction of tax at higher rates in case of non-filers of
income-tax return. However, this provision does not apply in the following cases:
(a) Where sum (or income or amount) is paid (or payable or credited) to a non-
resident who does not have a permanent establishment (PE) in India. PE includes a fixed place
of business through which the business of the enterprise is carried on, whether wholly or
partly; or
(b) If tax is deductible under the following provisions
Section Description
194LBC TDS on income in respect of investment in Securitization Trust
194M TDS from payment to contractor, commission agent, broker or professional by
certain Individuals or HUF
194N TDS on Cash withdrawal
Note 2: Section 195 requires deduction of tax at source at the rate or rates in force. The term
‘rate or rates in force’ is defined under Section 2(37A). It provides that for the purpose of
deduction of tax, inter-alia, under Section 195, the lower of the tax rates specified in this
behalf in the Finance Act or the tax rates provided in the DTAA shall apply. The tax rates
mentioned in the above table in column (e) are as per the Finance Act. If the tax rates provided
under DTAA are lower than the rates provided in column (e) of the above table, the tax shall
be deducted at the rates provided under the relevant DTAA. Where Section 206AB applies,
the tax shall be deducted at twice the rate specified under the Finance Act [column (e)] or
twice of the rate specified under DTAA, whichever is lower.
Note 3: The tax shall be deducted by an individual and HUF under these provisions if his total
sales, gross receipts or turnover exceed Rs. 1 crore in case of business or Rs. 50 lakhs in case
of the profession during the financial year immediately preceding the financial year in which
sum is credited or paid.
Note 4: In case of FPIs, Section 196D provides that the tax shall be deducted at the rate of
20% or rate prescribed under DTAA, whichever is lower. If Section 206AB applies, the tax shall
be deducted at the rate of 40% or twice of the rate specified under DTAA, whichever is lower.
Note 5: Surcharge and Health & Education Cess
a) In case payment is made to a person, being a resident in India, rate of TDS prescribed above shall
not be increased by the surcharge and education cess.
b) In case payment is made to a person, being a non-resident, rate of TDS prescribed above shall be
further increased by the surcharge and education cess.
Type of assessee Income Surcharge Health and
(as a % of TDS rate) Education Cess
(as a % of TDS rate
plus surcharge)
Up to Rs. 1 crore Nil 4%
More than Rs. 1 crore but up 2% 4%
Foreign company
to Rs. 10 crores
More than Rs. 10 crores 5% 4%
Domestic company opting
for section 115BAA or Any income 10% 4%
115BAB
Any other Domestic More than Rs. 1 crore but up 7% 4%
company to Rs. 10 crores
Co-operative society opting Any income 10% 4%
for section 115BAD
Any other co-operative Up to Rs. 1 crore Nil 4%
society More than Rs. 1 crore but up 7% 4%
to Rs. 10 crores
Firm/LLP/Local Authority
More than Rs. 1 crore 12% 4%
Association of Persons Up to Rs. 50 Lakh Nil 4%
(AOP) consists of only More than Rs. 50 Lakh but up 10% 4%
companies as its members to Rs. 1 crore
More than Rs. 1 crore 15% 4%
Up to Rs. 50 lakhs (including Nil 4%
dividend income and income
referred to in Section 111A,
Section 112 and Section 112A)
More than Rs. 50 lakhs but up 10% 4%
to Rs. 1 crore (including
referred to in section 111A,
Section 112 and section 112A)
More than Rs. 1 crore but up 15% 4%
Others to Rs. 2 crores (including
More than Rs. 2 crores but up 25% 4%
to Rs. 5 crores (excluding
(excluding dividend income
and income referred to in
section 111A, Section 112 and
section 112A)
(including dividend income and
income referred to in section
111A, Section 112 and section
112A)
9.2-4 Requirement to get accounts audited under Income Tax

A taxpayer is required to maintain books of account and get them audited. The requirement
to maintain the books of account is prescribed under Section 44AA and the requirement to
get them audited is mentioned in Section 44AB.
An assessee shall get the books of account audited if its gross turnover or receipts during the
relevant previous year exceeds the prescribed threshold limit. If the threshold limit, as
specified in the below table, is not crossed, the assessee shall not be required to get the books
of account audited by a Chartered Accountant.
Following persons are compulsorily required to get their books of account audited by a
Chartered Accountant:
Nature of Business or Category of When audit is mandatory?
Profession Taxpayer
Any professions Any If gross receipts from profession during the

(specified or non- relevant previous year exceeds Rs. 50 lakhs
specified)
Business Cash receipt and If total sales, turnover or gross receipt from
payment up to 5% business during the previous year exceeds
(See Note 1) Rs. 10 crore
Business Any If total sales, turnover or gross receipt from

business during the previous year exceeds
Rs. 1 crore
Business eligible for Resident If income of assessee exceeds the

Presumptive Tax Individual or HUF maximum exemption limit and he has
Scheme under Section opted for the scheme in any of the last 5
44AD previous years but does not opt for the
same in current year.
Business eligible for Resident Taxpayer has opted for the scheme in any
Presumptive Tax Partnership Firm of the last 5 previous years but does not
Scheme under Section opt for the same in current year.
44AD
Profession eligible for Resident Assessee Taxpayer claims that his profits from
Presumptive Tax profession are lower than the profits
Scheme under Section computed under Section 44ADA and total
44ADA income exceeds the maximum exemption
limit
Note 1: Following conditions are needed to be fulfilled:
(a) Cash receipts, including amount received for sales, turnover or gross receipts,
does not exceed 5% of the aggregate amount received during the previous year; and
(b) Cash payments, including amount incurred for expenditure, does not exceed
5% of the aggregate amount paid during the previous year.
For the purpose of computing the limit of 5%, payment or receipt by a cheque drawn on a
bank or by a bank draft, which is not account payee, shall be deemed to be the payment or
receipt in cash.
The tax audit should be conducted by a Chartered Accountant who is in practice. Hence,
intermediaries are required to get their tax audit done if their turnover exceeds the specified
limit. The tax audit report has to be furnished in the forms as prescribed below:
Category of Taxpayer Form for Audit Report Annexure to Audit Report
If books of accounts of Form 3CA Form 3CD
assessee are required to be
audited under any other law
In any other case Form 3CB Form 3CD
It is mandatory to file the tax audit report before one month prior to the due date of furnishing
return of income under section 139(1) i.e. by the following dates:
Situations Due date for filing of tax audit
report
If assessee is required to furnish a report of transfer Before 31st October of the relevant
pricing (TP) in Form No. 3CEB assessment year
In any other case Before 30th September of the
relevant assessment year
If any person fails to get his accounts audited or fails to furnish a report of tax audit as required
under this provision, the penalty may be imposed under Section 271B. The penalty shall be
one-half per cent of total sales, turnover or gross receipts, etc., or Rs. 1,50,000, whichever is
less.
9.2-5 Filing of Return of Income

Return of income is the format in which the assessee furnishes information of his total income
and tax payable. It is a declaration of income by the assessee in the prescribed format. An
assessee is required to furnish the return of income within the due date specified under the
Income Tax Act. There are different dates for different set of taxpayers.
The due dates for different class of taxpayers are as below:
Situations Due date for filing of return
If assessee is required to furnish a report of transfer 30th November
pricing (TP) Audit in Form No. 3CEB
If assessee is a partner in a firm who is required to furnish 30th November65
a report of Transfer Pricing (TP) Audit in Form No. 3CEB
If an Individual is a spouse of a person, being a partner in 30th November66
a firm required to furnish a report of Transfer Pricing (TP)
Audit in Form No. 3CEB, and the provisions of section 5A
applies to such spouse.
Company assessee not required to furnish transfer pricing 31st October
audit report in Form No. 3CEB
If assessee is required to get its accounts audited under 31st October
Income-tax Act or any other law
If an individual is a partner in a firm whose accounts are 31st October67
required to be audited.
If an Individual is spouse of a person, being a partner in a 31st October68
firm whose accounts are required to be audited, and the
provisions of section 5A applies to such spouse.
In any other case 31st July
An assessee may file a revised return for any previous year at any time 3 month before the
expiry of the relevant assessment year or before completion of the assessment, whichever is
earlier. The last date to file the revised return (or belated return) is 31st December of the
relevant Assessment Year.
65 Inserted by the Finance Act, 2021, with effect from assessment year 2021-22
Review Questions:
1. Which one of these professionals can opt for the presumptive taxation scheme?
(a) Architects
(b) Lawyers
(c) Film Artists
(d) All of these
2. Advance tax is required to be paid in _______ instalments
(a) 4
(b) 2
(c) 6
(d) 3
3. How much percentage of advance tax has to be paid on or before December 15 of

the previous year?
(a) At least 75% of advance tax

(b) 100% of advance tax
(c) At least 50% of advance Tax
(d) At least 20% of advance Tax
4. A business shall get accounts audited if turnover or receipts during the year exceeds
_____________
(a) 1 crore
(b) 5 crore
(c) 80 lakhs
CHAPTER 10: TAXATION – IN THE HANDS OF FOREIGN PORTFOLIO INVESTORS
(FPIS)
 Foreign Portfolio Investor

 Tax Treatment of different categories of FPIs for various instruments
10.1 MEANING OF FOREIGN PORTFOLIO INVESTOR
Regulation 2 of SEBI (Foreign Portfolio Investors) Regulations, 2019, defines ‘Foreign Portfolio
Investor (FPI)’ as a person who has been registered under Chapter-II of the said Regulation.
An FPI is considered as an Intermediary (Also see Para 9.1 for the meaning of Intermediary
and Para 1.2-2 for the definition of persons covered within the meaning of Intermediary)
10.1-1. Eligibility criteria for registration as FPI
Regulation 4 of the SEBI (FPI) Regulations, 2019 provides that an applicant should satisfy the
following conditions to obtain a registration certificate as FPI:
a) The applicant should not be an Indian resident (see Para 2.5 for the meaning of Residential
Status);
b) The applicant should be a resident of a country whose security market regulator is a
signatory to the International Organization of Securities Commission's Multilateral
Memorandum of Understanding or a signatory to bilateral Memorandum of
Understanding with the SEBI. However, an applicant being Government or Government
related investor shall be considered eligible for registration, if such applicant is a resident
in the country as may be approved by the Government of India.
c) In case the applicant is a bank, it must be a resident of a country whose central bank is a
member of the Bank for International Settlements. This condition is not applicable in case
of an application made by a central bank.
d) The applicant should not be a non-resident Indian or an overseas citizen of India or a
resident Indian Individual.
e) Non-resident Indians or overseas citizens of India or resident Indian individuals may be
constituents of the applicant provided they meet the conditions specified by the Board
from time to time.
f) Resident Indians (other than individuals) may also be constituents of the applicant in the
following cases:
 Where the applicant is an eligible investment fund
An eligible fund manager as referred to in section 9A of the Income-

tax Act may be the constituents of an eligible investment fund as
referred to in said section.
 Where the applicant is an Alternative Investment Fund
Where the applicant is an Alternative Investment Fund (AIF) set up in

the International Financial Services Centres (IFSC) and regulated by
the International Financial Services Centres Authority, the sponsor or
manager of such applicant may be the constituents thereof. However,
the contribution of the sponsor or manager should be up to
- 2.5% of the corpus of the applicant or US $ 7,50,000,
whichever is lower, in case the applicant is a Category I or
Category II AIF; or
- 5% of the corpus of the applicant or US $ 1.5 million,
whichever is lower, in case the applicant is a Category III AIF.
g) The applicant is a fit and proper person based on the criteria specified in Schedule II of
the SEBI (Intermediaries) Regulations, 2008.
h) The applicant or its underlying investors contributing 25% or more in the corpus of the
applicant or identified on the basis of control, shall not be the person(s) mentioned in
the Sanctions List notified from time to time by the United Nations Security Council and
is not a resident in the country identified in the public statement of Financial Action Task
Force as:
 a jurisdiction having a strategic Anti-Money Laundering or Combating
the Financing of Terrorism deficiencies to which counter measures
apply, or
 a jurisdiction that has not made sufficient progress in addressing the
deficiencies or has not committed to an action plan developed with
the Financial Action Task Force to address the deficiencies.
i) any other criteria specified by SEBI from time to time.
The conditions specified above in point no. (a), (b), (c) shall not apply to an applicant
incorporated or established in an International Financial Services Centre.
10.2 TAXABILITY UNDER THE HEAD CAPITAL GAINS
The securities held by the FPIs are always treated as capital assets (see definition of ‘capital
asset’ in para 3.1-1). Thus, gains arising to the FPIs from the transfer of any securities shall be
chargeable to tax under the head capital gains (see Chapter 3 to know more about Capital
Gains). Any dividend or interest income received from securities is chargeable to tax under
the head ‘Income from Other Sources’ (see Chapter 4 to know more about Income from Other
Sources).
As FPIs are incorporated / set-up/ formed in foreign countries, their taxability in India is
subject to double taxation avoidance agreements (‘DTAAs’) India has entered into with their
respective countries. The DTAAs allocate the taxing rights between the source country and
residence country. In almost all DTAAs, the right to levy a tax on the capital gains, arising from
the transfer of securities, has been given to the country in which the company whose shares
are transferred is incorporated. Thus, the capital gains arising to an FPI from the transfer of
securities may be taxable in India under DTAAs, where India has been given the right of
taxation. Further, the method of computation of capital gains shall be as prescribed under the
provisions of the domestic taxation laws.
As per the Income-tax Act, any income arising from the transfer of a capital asset is chargeable
to tax under the head ‘Capital Gains’. A capital asset is defined under Section 2(14) of the
Income-tax Act. It includes every property held by the assessee, whether movable or
immovable.
To compute the capital gains in the hands of the FPIs, it is essential to first bifurcate security
into a short-term capital asset and long-term capital asset on the basis of the period of holding.
This distinction is made because the incidence of tax is higher on short-term capital gains as
compared to long-term capital gains. In general, a capital asset is deemed as 'short-term' if it
is held by an assessee for a period of not more than 36 months, immediately preceding the
date of its transfer. If a capital asset is held for more than 36 months then it is considered a
long-term capital asset. However, there are a few exceptions wherein an asset, held for more
than 12 months or 24 months, are treated as a long-term capital asset. To know more about
the manner of computation of the period of holding see para 3.3.
The holding period for classification of securities into short-term or long-term has been
enumerated in the following table:
Holding should be more than the following period

Nature of Security to be treated as long term capital asset
Listed Securities Unlisted Securities
Equity Shares 12 months 24 months
Units of Equity Oriented Funds 12 months 12 months
Units of UTI 12 months 12 months
Units of Business Trust 36 months 36 months
Other Units 36 months 36 months
Preference Shares 12 months 24 months
Debentures 12 months 36 months
Government Securities 12 months 36 months
Zero-coupon bonds 12 months 12 months
Other Bonds 12 months 36 months
The provisions relating to computation of capital gains from transfer of securities has been
discussed as per the following structure:
a) Long-term capital gains from specified securities

b) Long-term capital gains from other securities
c) Short-term capital gains from specified securities
d) Short-term capital gains from other securities
10.2-1. Long-term capital gain from specified securities
Up to Assessment Year 2018-19, the long-term capital gains arising from the transfer of
securities, being equity shares, units of equity-oriented mutual funds, high premium ULIP69
or units of business trust chargeable to Securities Transaction Tax (hereinafter referred to as
‘specified securities’), were exempt from tax under Section 10(38) of the Income-tax Act,
1961. However, the Finance Act, 2018 has withdrawn this exemption by inserting a new
Section 112A to the Income-tax Act, 1961 with effect from Assessment Year 2019-20.
As per Section 112A of the Income-tax Act, where the total income of an assessee includes
long-term capital gain arising from the transfer of listed equity shares, units of an equity-
oriented mutual fund, or units of business trust (hereinafter referred to as ‘specified
securities’), no tax shall be charged on such long-term capital gain if the aggregate amount of
such gain during the year is up to Rs. 1,00,000. Where the amount of capital gain exceeds Rs.
1,00,000, the excess amount is chargeable to tax at a concessional rate of 10% without
providing the benefit of indexation and foreign currency fluctuation. Further, assessee shall
not be entitled to claim deduction under Chapter VI-A, (i.e., deduction under section 80C to
80U of the Income-tax Act) from such income.
10.2-1a. Payment of STT is an essential condition
The concessional tax regime of Section 112A is available only when Securities Transaction Tax
(STT) (see Para 1.4-2 for the rates of STT) is charged at the time of transfer of such securities.
In the case of equity shares, there is an additional condition that STT should also be paid at
the time of acquisition of such equity shares as well. However, this condition is subject to the
following two exceptions.
a) Stock exchange is located in an IFSC
The condition of payment of STT shall not be applicable if the transfer of specified security is
undertaken on a recognised stock exchange located in an International Financial Services
thereof.
Centre. This concession is available only when the consideration for such transfer is received
or receivable in foreign currency.
b) CBDT gives relaxation in certain transactions
The concessional tax rate under Section 112A is available in case of transfer of equity shares
if STT is chargeable both at the time of transfer and at the time of acquisition of shares.
However, the CBDT70 has relaxed this condition of payment of STT for equity shares acquired
before 1-10-2004. Further, the notification provides a negative list of transactions of
acquisition in respect of which the condition of ‘STT being paid on acquisition and transfer’
will not be applicable.
The negative list of transactions is as follows:
1. Acquisition of existing listed equity shares in a company (whose equity shares are not
frequently traded on a recognised stock exchange of India) by way of a preferential issue
if:
(a) The acquisition has been approved by the Supreme Court, High Court, NCLT, SEBI or
RBI;
(b) The acquisition has been made by any non-resident in accordance with FDI guidelines
issued by the Government of India;
(c) The acquisition is done by a Category-I or Category-II Alternative Investment Fund or
Venture Capital Fund (VCF) or a Qualified Institutional Buyer (QIB);
(d) The acquisition is done through a preferential issue to which SEBI (Issue of Capital and
Disclosure Requirements) Regulations, 2009 does not apply.
2. Acquisition of existing listed equity share in a company (not entered through a recognised
stock exchange in India) which has been made in accordance with the provisions of the
Securities Contracts (Regulation) Act, 1956 and:
(a) Acquisition has been made through an issue of share by a company other than the
issue referred to in clause (1) above;
(b) The acquisition of shares is made by the scheduled banks, reconstruction or
securitisation companies or public financial institutions during their ordinary course
of business;
(c) The acquisition has been approved by the Supreme Court, High Court, NCLT, SEBI or
RBI;
(d) The acquisition is done under the ESOP or ESPS scheme framed under SEBI (Employee
Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines,1999;
(e) The acquisition by any non-resident is in accordance with FDI guidelines issued by the
Government of India;
70Notification No. 60/2018, dated 01-10-2018

(f) The acquisition of shares is made as per SEBI (Substantial Acquisition of Shares and
Takeovers) Regulation, 2011;
(g) The acquisition is made from the Government;
(h) The acquisition is done by Category-I or Category-II Alternative Investment Fund or
Venture Capital Fund (VCF) or a Qualified Institutional Buyer (QIB);
(i) The acquisition is made by mode of transfer referred to in Section 47 or Section 50B
or Section 45(3) or Section 45(4) if the previous owner or transferor of such shares
has acquired shares by any of the following modes:
 Acquisition of existing listed equity share in a company whose equity shares are not
frequently traded in a recognised stock exchange of India is made through a
preferential issue;
 Acquisition of existing listed equity share in a company is not entered through a
recognised stock exchange in India; or
 Acquisition of equity share of a company during the period beginning from the date
on which the company is delisted from a recognised stock exchange and ending on the
date immediately preceding the date on which the company is again listed on a
recognised stock exchange in accordance with the Securities Contracts (Regulation)
Act, 1956 read with SEBI Act, 1992 and the rules made thereunder.
10.2-1b. Computation of cost of acquisition
After introducing the new tax regime under Section 112A, the tax is charged at the rate of
10% on the long-term capital gains arising from the transfer of specified securities. Due to the
paradigm shift in the taxation scheme, an option is provided to the investors to replace the
actual cost of acquisitions of the shares with the presumptive cost so that the burden of tax
can be reduced. The presumptive cost of acquisition of shares shall be computed in the
following manner:
a) For shares acquired before 01-02-2018
If equity shares or units were acquired on or before 31-01-2018, the cost of acquisition of
such shares or units shall be higher of the following:
1. The actual cost of acquisition of equity shares/units; or

2. Lower of the fair market value of such securities as on 31-01-2018 or full value of the
consideration received as a result of transfer of such securities.
The highest price of share/unit quoted on a recognized stock exchange as on 31-01-2018 is

taken as fair market value. If there is no trading in such share/unit on such exchange on 31-
01-2018, the highest price of such share/unit on a date immediately preceding 31-01-2018
when such share/unit was traded shall be the fair market value. In a case where a unit is not
listed on a recognised stock exchange, the Net Asset Value of such unit as on 31-01-2018 is
taken as fair market value.
However, the fair market value of following equity shares shall be an amount which bears to
its cost of acquisition the same proportion as Cost Inflation Index for the financial year 2017-
18 bears to the Cost Inflation Index for the first year in which the asset was held by the
assessee or for the year beginning on the 01-04-2001, whichever is later:
(c) Shares are not listed on recognised stock exchange on 31-01-2018 but listed on such
exchange on the date of transfer; or
(d) Shares listed on a recognised stock exchange on the date of transfer and which became
the property of the assessee in consideration of share which is not listed on such exchange
as on 31-01-2018 by way of transaction not regarded as transfer under Section 47.
In general cost of acquisition of the bonus shares are taken to be nil, however, if bonus shares
are complying with the conditions prescribed in section 112A, the cost of acquisition shall be
computed in the manner described above.
b) For shares acquired on or after 01-02-2018
The cost of acquisition of equity shares or units which are acquired on or after 01-02-2018
shall be computed as per general provision (See Para 3.6-5)
10.2-2. Long-term capital gain from other securities
Long-term capital gain arising to an FPI from the transfer of any other security shall be
computed as per general provisions. Such capital gains are taxable under Section 115AD at
the rate of 10% without providing the benefit of indexation and foreign currency fluctuation.
Further, FPIs shall not be entitled to claim any deduction under Chapter VI-A, (i.e., deduction
under Section 80C to 80U of the Income-tax Act, 1961) from such capital gains.
10.2-3. Short-term capital gain from specified securities
Short-term capital gain arising from the transfer of specified securities, being equity shares,
units of equity-oriented mutual fund or units of business trust chargeable to Securities
Transaction Tax is chargeable to tax at the rate of 15% under Section 111A of the Income Tax
Act, 1961 without providing the benefit of foreign currency fluctuation. Further, FPIs shall not
be entitled to claim deduction under Chapter VI-A, (i.e., deduction under section 80C to 80U
of the Income-tax Act, 1961) from such capital gains.
This provision applies only when Securities Transaction Tax (STT) (see Para 1.4-2 for the rates
of STT) is chargeable at the time of transfer of such securities. However, the condition of
payment of STT at the time of transfer shall not be applicable if the transfer is undertaken on
a recognised stock exchange located in an International Financial Services Centre. This
concession is available only when the consideration for such transfer is received or receivable
in foreign currency.
10.2-4. Short-term capital gain from other securities
Short-term capital gain arising to an FPI from the transfer of any other security shall be
chargeable to tax at the rate of 30% under section 115AD without providing the benefit of
foreign currency translation. Further, FPIs shall not be entitled to claim deduction under
Chapter VI-A, (i.e., deduction under section 80C to 80U of the Income-tax Act, 1961) from
such capital gains.
10.3 TAXABILITY OF DIVIDEND INCOME
As securities held by FPIs are always treated as a capital asset and not as stock-in-trade, any
dividend income received in respect of such securities shall be taxable under the head
‘Income from other sources’. After the abolition of the dividend distribution tax71, the
dividend income is taxable in the hands of the shareholders (see Chapter 4 to know more
about the Dividend Income).
For computation of income from other sources, a taxpayer can follow either a mercantile
system of accounting or cash basis of accounting. However, the method of accounting
employed by the assessee does not affect the basis of charge of dividend income as Section
8 of the Income-tax Act specifically provides that final dividend including deemed dividend
shall be taxable in the year in which it is declared, distributed or paid by the company,
whichever is earlier. Whereas, interim dividend is taxable in the previous year in which the
amount of such dividend is unconditionally made available by the company to the
shareholder. In other words, the interim dividend is chargeable to tax on receipt basis.
10.3-1. Taxability as per domestic law
The dividend income72 earned by an FPI, in respect of securities other than units referred
under Section 115AB, is chargeable to tax at a concessional rate of 20% under section 115AD
of the Income Tax Act. However, where such dividend is received by the investment division
of Offshore banking unit (as referred under para 11.6-5a), the tax shall be charged at the
reduced rate of 10% under Section 115AD of the Income-tax Act. However, this benefit is
available in respect of the income which is attributable to the investment division of banking
units.
71Amended by the Finance Act, 2020 with effect from Assessment Year 2021-22
72 The dividend income shall be chargeable to tax in the hands of FPIs only when dividend is distributed by the companies
or mutual funds on or after 1-04-2020. Any dividend distributed prior to the said date shall attract dividend distribution tax
in hands of company or mutual funds, and, consequently, exempt in hands of FPIs.
The dividend income is charged to tax on a gross basis, without claiming a deduction for any
expenses (including commission or remuneration paid to a banker or any other person for the
purpose of realising such dividend) incurred to earn such dividend income. Further, no
deduction under Chapter VI-A, (i.e., deduction under section 80C to 80U of the Income-tax
Act, 1961) shall be allowed from such dividend income.
10.3-2. Taxability as per DTAA
DTAAs allocates the taxing right to the source country to levy a tax on the dividend distributed
or paid by the domestic company. Thus, the dividend declared by the Indian companies shall
be taxable in India. However, the dividend income shall be taxable as per provisions of the
Act or as per relevant DTAA, whichever is more beneficial to the FPIs.
As per most of the DTAAs India has entered into with foreign countries, the dividend is taxable
in the source country in the hands of the beneficial owner of shares at the rate ranging from
5% to 15% of the gross amount of the dividends.
In DTAA with countries like Canada, Denmark, Singapore, the dividend tax rate may be
reduced where the dividend is payable to a company holding a specific percentage (generally
25%) of shares of the company paying the dividend. However, no minimum time limit has
been prescribed in these DTAAs for which such shareholding should be maintained by the
recipient company. Therefore, MNCs were often found misusing the provisions by increasing
their shareholding in the company immediately before the dividend is declared and offloading
the same after getting the dividend.
India is a signatory to the Multilateral Convention (MLI) which shall implement the measures
recommended by the OECD to prevent Base Erosion and Profit Shifting. MLI is a binding
international legal instrument which is envisaged with a view to swiftly implement the
measures recommended by OECD to prevent Base Erosion and Profit Shifting in existing
bilateral tax treaties in force. With respect to dividend income, Article 8 (Dividend Transfer
Transactions) of MLI provides for a minimum period of 365 days for which a shareholder,
receiving dividend income, has to maintain its shareholding in the company paying the
dividend to get the benefit of the reduced tax rate on the dividend. However, this condition
is applicable only if India and partner county have notified this clause. As of now 4 countries
i.e., Canada, Montenegro, Slovak Republic and Slovenia have notified this clause.
10.4 TAXABILITY OF INTEREST FROM SECURITIES
Any income received by the FPIs in respect of securities (other than units referred under
Section 115AB), not being dividend and capital gains, shall be taxable at the rate of 20% under
Section 115AD of the Income-tax Act. However, where such dividend is received by the
investment division of Offshore banking unit (as referred under para 11.6-5a), the tax shall
be charged at the reduced rate of 10% under Section 115AD. However, this benefit is available
in respect of the income which is attributable to the investment division of banking units.
Further, where income by way of interest is received or receivable in respect of investment

made by an FPI in Rupee-Denominated Bond of an Indian company, Government Securities
or municipal debt securities, then tax shall be charged at the reduced rate of 5% under Section
115AD read with section 194LD of the Income Tax Act, 1961. However, the interest should be
received or receivable on or after 01-06-2013, but before 01-07-2023 in case of Rupee
Denominated Bonds or Government Securities. In respect of municipal debt securities,
interest should be received or receivable on or after 01-04-2020, but before 01-07-2023.
The income from securities (including interest on Rupee-Denominated Bond of an Indian

Company or Government Securities) is charged to tax on a gross basis without claiming a
deduction for any expenses (including interest on loan taken for investing in such securities)
incurred to earn such income. Further, no deduction under Chapter VI-A, (i.e., deduction
under section 80C to 80U of the Income-tax Act, 1961) shall be allowed from such interest
income.
DTAAs allocates the taxing right to the source country to levy a tax on the interest income
earned from the securities. However, the interest income shall be taxable as per provisions
of the Act or as per relevant DTAA, whichever is more beneficial to the FPIs. As per most of
the DTAAs India has entered into with foreign countries, the interest is taxable in the source
country in the hands of the beneficial owner of interest at the rate ranging from 10% to 20%
of the gross amount of the interest.
10.5 DEDUCTION OF TAX AT SOURCE (TDS)
Any person responsible for paying any income to an FPI is liable to deduct tax therefrom as
per Section 194LD, Section 196A, Section 196B and Section 196D of the Income-tax Act, 1961.
The provisions relating to withholding tax are as follows:
10.5-1. TDS from interest on Rupee Denominated Bonds, Government Securities or

Municipal Debt Securities
As per Section 194LD of the Income-tax Act, 1961, any person responsible for making
payment of interest to a Foreign Institutional Investor or a Qualified Foreign Investor shall
deduct tax therefrom. The tax under this provision shall be deducted from the following
interest:
a) Interest payable from 01-06-2013 to 30-06-202373 in respect of the investment in Rupee
Denominated Bond of an Indian company;
73 The date has been extended from 30-06-2020 to 30-06-2023 by the Finance Act, 2020
b) Interest payable from 01-06-2013 to 30-06-2023 in respect of the investment in
Government Security; and
c) Interest payable from 01-04-2020 to 30-06-2023 in respect of the investment made in
municipal debt securities74.
The tax shall be deducted from interest in respect of rupee-denominated bonds at the
concessional rate only if the rate of interest in respect of Rupee Denominated Bonds do not
exceed the following rate notified75 by the Central Government in this behalf:
a) In case of bonds issued before 01-07-2010, the rate of interest shall not exceed 500 basis
points over the Base Rate of SBI as on 01-07-2010.
b) In case of bonds issued on or after 01-07-2010, the rate of interest shall not exceed 500
basis points over the Base Rate of SBI applicable on the date of issue of the said bonds.
Tax is required to be deducted at the rate of 5% (plus applicable Surcharge and Health &
Education Cess).
10.5-2. TDS from income in respect of units
As per Section 196A of the Income-tax Act, 1961 any person responsible for paying any
income in respect of units of a mutual fund specified under section 10(23D) of the Income-
tax Act, 1961, or specified company referred to in Explanation to Section 10(35), is required
to deduct tax at source.
Tax is required to be deducted under this provision if the recipient of income is a non-resident,
not being a company, or a foreign company. The tax shall be deducted at the rate of 20%
under section 196A of the Income Tax Act, 1961. The rate shall be further increased by
applicable Surcharge and Health & Education Cess.
10.5-3. TDS on dividend or long-term capital gain arising from units of mutual funds
purchased in foreign currency
As per section 196B of the Income-tax Act, 1961, every person responsible to pay any income
in respect of the units purchased in foreign currency or capital gain arising on transfer of such
units is required to deduct tax at source.
Tax is required to be deducted under this provision only if such income is payable to an
offshore fund. The tax shall be deducted at the rate of 10% under Section 196B of the Income
Tax Act, 1961.
74 Inserted by the Finance Act, 2020, with effect from 01-04-2020

75Notification No.56/2013 dated 29-7-2013
10.5-4. TDS on dividend or interest income from any other security
As per section 196D of the Income-tax Act, 1961, every person responsible for making
payment by way of income in respect of securities to Foreign Institution Investors shall deduct
tax therefrom. The tax shall be deducted under this provision if income in respect of securities
is payable to a Foreign Portfolio Investor. The tax is required to be deducted at the rate of
20% (plus applicable Surcharge and Health & Education Cess). However, where such income
is received by the investment division of Offshore banking unit (as referred under para 11.6-
5a), the tax shall be deducted at the reduced rate of 10%.
If the FPI is a resident of a country with which India has DTAA then the tax shall be deducted
at the rate provided under DTAA if that rate is lower than 20% or 10%, as the case may be.
For this purpose, the FPI shall be required to furnish the tax residency certificate obtained
from the Government of the country in which it resides76.
No tax shall be deductible under this provision on income in respect of units referred under
Section 115AB and income by way of interest referred to in section 194LD.
10.6 RATES OF SURCHARGE AND HEALTH & EDUCATION CESS
If the income of FPI is chargeable to tax in India, the tax thereon is further increased by the
amount of surcharge. The surcharge shall be applicable even at the time of withholding of tax
from the income of FPI except where income is chargeable to tax as per DTAA. The levy of
surcharge in case of FPI depends on status applied while obtaining the Permanent Account
Number and total income. FPIs are generally registered as a trust, AOP, BOI or foreign
company. The rate of surcharge in case of the following entities are as follows:
Surcharge
Range of Total Income
More
More than
than Rs. More than More than
Up to Rs. 5 crore More
Nature of Income 50 lakh Rs. 1 crore Rs. 2 crore
Rs. 50 but up to than Rs.
but up to but up to but up to
lakh Rs. 10 10 crore
Rs. 1 Rs. 2 crore Rs. 5 crore
crore
crore
AOP or BOI or Trust
Long-term or Short-
term Capital gain
Nil 10% 15% 15% 15% 15%
arising from
transfer of
76This concession in the tax rate has been provided by inserting a Proviso to Section 196D(1) by Finance Act, 2021 with
effect from 01-04-2021.
securities as
referred to in
Section 115AD.
Dividend Income Nil 10% 15% 15% 15% 15%
Income taxable
under section
115BBE, i.e.,
25% 25% 25% 25% 25% 25%
income from
unexplained
sources
Any other Income Nil 10% 15% 15% 15% 15%
(if FPI is an AOP
consisting of only
companies as its
members)
Any other Income* Nil 10% 15% 25% 37% 37%
* Where the total income of a person does not exceed Rs. 2 crores but after including the
long-term or short-term capital gain from securities as referred to in Section 115AD(1)(b)
or dividend income as referred to in Section 115AD(1)(a) (collectively referred to as
‘Specified Income’), the total income exceeds Rs. 2 crores then irrespective of the amount
of other income, the surcharge shall be levied at the rate of 15% on the amount of tax
payable on the aggregate of normal income and specified income. The rate of surcharge on
tax payable on specified income cannot exceed 15% of tax on such income in any case.
Foreign Company
Income taxable
under section
115BBE, i.e.,
25% 25% 25% 25% 25% 25%
income from
unexplained
sources
Any other Income Nil Nil 2% 2% 2% 5%
The amount of income tax and the applicable surcharge shall be further increased by health
and education cess calculated at the rate of 4% of such income tax and surcharge. Further,
health and education cess shall be levied even at the time of deducting tax from the income
of FPI except where income is chargeable to tax as per DTAA.
10.7 TAX TREATMENT OF DIFFERENT CATEGORIES OF FPIs
10.7-1. Categories of FPI
Regulation 5 of SEBI (FPI) Regulations, 2019, provides that an FPI can seek registration under
2 categories – Category-I and Category-II. The entities applying for registration as Foreign
Portfolio Investors have to fulfil certain conditions. An applicant incorporated or established
in an International Financial Services Centre shall be deemed to be appropriately regulated
for this purpose.
10.7-1a. Category-I FPIs

Category-I FPIs shall include:
a) Government and Government related investors such as central banks, sovereign wealth
funds and international or multilateral organizations or agencies including entities
controlled or at least 75% directly or indirectly owned by such Government and
Government related investor(s).
b) Pension funds and university funds
c) Appropriately regulated entities such as insurance or reinsurance entities, banks, asset
management companies, investment managers, investment advisors, portfolio managers,
broker-dealers and swap dealers;
d) Entities from the Financial Action Task Force member countries, or from any country
specified by the Central Government by an order or by way of an agreement or treaty with
other sovereign Governments, which are
 appropriately regulated funds;
 unregulated funds whose investment manager is appropriately regulated and
registered as a Category I foreign portfolio investor provided that the investment
manager undertakes the responsibility of all the acts of commission or omission of
such unregulated fund;
 university-related endowments of such universities that have been in existence for
more than five years;
e) An entity that is at least 75% owned, directly or indirectly, by another entity eligible for
registration under point (b), (c) or (d) above. However, such an eligible entity should be
from the Financial Action Task Force member country and undertake the responsibility of
all the acts of commission or omission of the applicant.
f) An entity whose investment manager is from the Financial Action Task Force member
country and such an investment manager is registered as a Category I foreign portfolio
investor. However, such an investment manager should undertake the responsibility of all
the acts of commission or omission of the applicant entity
10.7-1b. Category-II FPIs
Category-II Foreign Portfolio Investors shall include all the investors not eligible under
Category I Foreign portfolio investors such as: -
a) Appropriately regulated funds not eligible as Category-I foreign portfolio investor;

b) endowments and foundations;
c) charitable organisations;
d) corporate bodies;
e) family offices;
f) individuals;
g) appropriately regulated entities investing on behalf of their client, as per conditions
specified by the SEBI from time to time;
h) Unregulated funds in the form of limited partnership and trusts.
10.7-2. Exemption from certain provisions to FPIs

10.7-2a. Exemption from the provision of GAAR
The provisions of Chapter X-A i.e., General Anti-Avoidance Rule shall not apply in respect of
the following:
(a) A foreign institutional investor who has not taken benefit of the tax treaty and has
invested in listed securities, or unlisted securities in accordance with SEBI guidelines;
(b) A non-resident person who has made an investment by way of offshore derivative
instruments or otherwise in a Foreign Institutional Investor.
10.7-3. Relaxation to Category - I of FPIs
There are certain provisions of the Act under which some relaxations have been given to
Category-I FPIs. Such provisions are as follows:
10.7-3a. Indirect transfer of capital assets
Section 9 of the Income-tax Act, 1961 provides that an asset or a capital asset being any share
or interest in a company or entity registered or incorporated outside India shall be deemed
to be and shall always be deemed to have been situated in India if such share or interest
derived, directly or indirectly, its value substantially from the asset located in India.
However, this provision has been relaxed where such asset or capital asset is held by a non-
resident by way of investment, whether directly or indirectly, in Category-I FPI. As a result, no
income shall be deemed to accrue or arise in India in the hands of a non-resident who
transfers his investment made in Category-I FPIs even if such investment derives its value
from the assets located in India in form of shareholding of FPIs in Indian Companies. Here it
is to be noted that the exemption has been provided to a non-resident who invests in FPIs
and not to FPIs themselves. Hence, if FPIs transfer their shareholding in an Indian company to
someone else then they shall be liable to pay capital gain tax in India.
Under the SEBI (Foreign Portfolio Investors) Regulations, 2019, FPIs have been re-categorised.
Thus, Finance Act, 2020 has amended section 9 of the Income-tax Act, 1961 to provide that
the above relaxation shall be available in respect of investment in Category-I FPIs registered
under SEBI (Foreign Portfolio Investors) Regulations, 2019.
10.7-3b. Non-applicability of certain conditions under section 9A
Section 9A of the Income-tax Act provides that in case an investment fund, established or
incorporated or registered outside India, collects funds from its members and invests in India
then such fund shall not be deemed to have a business connection in India just because fund
management activity is carried out through a fund manager located in India. However, this
provision shall apply only when the investment fund, as well as the fund manager, comply
with the conditions as prescribed under section 9A.
Some of the conditions which an investment fund has to comply with are as follows:
a) The fund should have a minimum of 25 members who are, directly or indirectly, not
connected persons;
b) Any member of the fund along with connected persons shall not have any participation
interest, directly or indirectly, in the fund exceeding 10%;
c) The aggregate participation interest, directly or indirectly, of 10 or fewer members along
with their connected persons in the fund, shall be less than 50%.
The CBDT77 has notified that the aforesaid conditions shall not apply in case of Category-I FPIs
registered under SEBI (Foreign Portfolio Investors) Regulations, 2019.
Further, one more condition which an investment fund needs to fulfil is that the remuneration
paid to an eligible fund manager in respect of fund management activity undertaken by him
on its behalf shall not be less than the amount calculated in the prescribed manner. A lower
rate of 10% of the asset under management has been prescribed where such fund is Category-
I foreign portfolio investor.
10.7-3c. Exemption in respect of certain income
In case of FPI being an investment division of an offshore banking unit, certain income shall
be exempt from tax by virtue of Section 10(4D) (Refer para 11.6-5). Further, any income
77 Notification No. 41/2020 dated 30 June 2020

accruing or arising to or received by its unit-holder from unit or on the transfer of such units,
shall also be exempt from tax under Section 10(23FBC).
10.7-3d. Relaxation from provisions of Alternate Minimum Tax (AMT)
An FPI being an investment division of an offshore banking unit (as referred under para 11.6-
5a) is not subject to the provisions of Alternate Minimum Tax.
Review Questions:
1. Eligibility criteria for registration as FPI includes which of the following?
(a) applicant should not be an Indian resident

(b) applicant should be a resident of a country whose security market
regulator is a signatory to IOSCO
(c) any other criteria specified by SEBI from time to time
(d) All of these
2. Category-I FPIs include
(a) Pension Funds

(b) University Funds
(c) Sovereign Wealth Funds
(d) All of these
3. Category-II FPIs include
(a) Charitable organisations

(b) Family offices
(c) Endowments and foundations
(d) All of these
4. Under which of these head(s) dividend or interest income received FPIs is chargeable
to tax
(a) Income from Other Sources

(b) Income from House Property
(c) Income from Business/Profession
CHAPTER 11: TAX IMPLICATIONS OF IFSC
 Intermediaries in IFSC
 Products listed on IFSC Exchange (debt, equity etc.) and the implication of tax
An International Financial Services Centre (IFSC) caters to customers outside the jurisdiction
of the domestic economy. These centres are ‘international’ in the sense that they deal with
the flow of finance and financial products/services across borders which includes banking,
insurance, asset management, and most importantly, a well-structured and fully developed
capital market for debt, equities, commodities as well as derivatives.
The first IFSC in India has been set up at GIFT City, Gandhinagar, Gujarat.
11.1 STOCK EXCHANGES LOCATED IN IFSC

Stock exchange(s) located in IFSC provides global investors with an opportunity to invest in
Indian as well as foreign securities without assuming any currency risk. Any company
(whether Indian or foreign) may list its specified securities in such exchange as per the norms
specified by SEBI. The benefit of dealing in securities through stock exchanges located in IFSC
is that they provide a competitive advantage in terms of tax structure and other regulatory
requirements. Currently, only two stock exchanges are operating in IFSC i.e., India
International Exchange (India INX) and NSE IFSC.
11.2 PRODUCTS LISTED ON IFSC STOCK EXCHANGE

The Stock Exchanges operating in IFSC may permit dealing in the following types of securities:
(a) Equity shares; and
(b) Convertible securities.
As per Regulation 2(d) of International Financial Services Centres Authority (Issuance and
Listing of Securities) Regulations, 2021 ‘Convertible securities’ means:
Securities which are convertible into or exchangeable with equity shares of the issuer at a
later date, with or without the option of the holder of such securities and includes the
following:
(a) Convertible debt instruments; and
(b) Convertible preference shares.
‘Convertible debt’ instrument means an instrument which creates or acknowledges
indebtedness and is convertible into equity shares of the issuer at a later date at or without
the option of the holder of the instrument, whether constituting a charge on the assets of the
issuer or not.
11.3 APPLICABILITY OF THE INTERNATIONAL FINANCIAL SERVICES CENTRES
AUTHORITY (ISSUANCE AND LISTING OF SECURITIES) REGULATIONS, 2021
These regulations shall apply to:
(a) an initial public offer of specified securities by an unlisted issuer;
(b) a follow-on public offer of specified securities by a listed issuer;
(c) listing of specified securities by a start-up company or an SME company;
(d) secondary listing of specified securities;
(e) an initial public offer of specified securities by a Special Purpose Acquisition Company;
(f) rights issue and/or preferential issues by a listed issuer;
(g) listing of depository receipts;
(h) listing of debt securities;
(i) listing of ESG debt securities; and
(j) issuance and/or listing of any other securities as may be specified by the Authority
from time to time.
11.4 INTERMEDIARIES IN IFSC

The International Financial Services Centres Authority (Issuance and Listing of Securities)
Regulations, 2021 does not define the term ‘intermediary’.
As per Regulation 3 of the International Financial Services Centres Authority (Issuance and
Listing of Securities) Regulations, 2021:
“Words and expressions used and not defined in these regulations but defined in the Act, the
Companies Act, 2013, the Securities Contracts (Regulation) Act, 1956, the Securities and
Exchange Board of India Act, 1992, the Depositories Act 1996, or any rules or regulations
made thereunder shall have the same meanings as respectively assigned to them in those
Acts, rules or regulations made thereunder or any statutory modification or re-enactment
thereto, as the case may be.”
Therefore, the meaning of the term ‘intermediary’ is taken from the respective applicable
regulations.
“Intermediary” shall mean and include the following:
(a) Stock brokers,
(b) Sub-brokers,
(c) Share transfer agents,
(d) Bankers to an issue,
(e) Trustees of trust deeds,
(f) Registrars to an issue,
(g) Merchant bankers,
(h) Underwriters,
(i) Portfolio managers,
(j) Investment advisers
(k) Depositories,
(l) Participants,
(m) Custodians of securities,
(n) Foreign institutional investors
(o) Asset management company in relation to the SEBI (Mutual Funds) Regulations, 1996
(p) Clearing member of a clearing corporation or clearing house
(q) Foreign portfolio investors
(r) Trading member of a derivative segment or currency derivatives segment
(s) Credit rating agencies and
(t) Such other intermediaries who may be associated with securities markets in any
manner or as specified by the SEBI on time-to-time basis.
11.5 DIFFERENCE BETWEEN A STOCK EXCHANGE HAVING NATIONAL PRESENCE

AND STOCK EXCHANGE IN IFSC
Stock exchanges located in IFSC are quite different from ordinary stock exchanges. The major
differences between these stock exchanges have been explained in the following table:
Particulars Exchange located in IFSC Stock Exchange with
National Presence
Who can set An Indian Stock Exchange or clearing corporation or Any Indian Company
up a Stock Foreign Stock Exchange or clearing corporation or any can set up a stock
Exchange? regulated depository of a foreign jurisdiction can set up exchange
a stock exchange in an IFSC through a subsidiary
company. Further, any Indian registered depository
may set up a branch - IFSC Depository Services (IDS) at
IFSC
Listing of The following entities are eligible to get their securities

Only an Indian Company
Securities listed on the stock exchanges in an IFSC: can list its securities on
the domestic stock
(a) A company incorporated in an
exchanges
IFSC/India/ Foreign Jurisdiction can list its
securities on the IFSC exchange.
(b) Any supranational, multilateral or
statutory organisation/ institution/ agency
provided they are permitted to issue securities as
per its constitution and is registered or
headquar-
tered in India, IFSC or a Foreign Jurisdiction
[limited to listing of debt securities].
(c) Any municipality/ statutory body/
board/ corporation/ authority/ trust/ agency or
any special purpose vehicle notified by the State/
Central Government including for the purpose of
raising fund by the issuer to develop
infrastructure or SMART city [limited to listing of
debt securities].
(d) An entity whose securities are
irrevocably guaranteed by a Sovereign (India or a
Foreign Jurisdiction) [limited to listing of debt
securities].
Trading 23:50 Hours 06:30 Hours

Timings
Commodity Allowed Not Allowed
Trading
Taxation Concessional tax regimes and exemp-tions exclusively No specific exemption
for IFSC Stock Exchanges and Companies listed on such and taxes are higher
exchange than in comparison to
IFSC
Currency Risk Protection is available against the risk of currency No protection is
fluctuation as investments can be made in foreign available against the
currency risk of currency
fluctuation as
investments can be
made only in Indian
currency
Transaction Lower in comparison to ordinary stock exchanges Higher than the cost of
Cost trading in IFSC stock
exchange
11.6 TAX IMPLICATIONS

The Income-tax Act, 1961 contains various provisions wherein special benefits, exemptions
and deductions are allowed to the units located in an IFSC. Further, no Securities Transaction
Tax (STT) is levied in case of transactions carried out through a stock exchange located in IFSC.
These concessional provisions have been discussed below.
11.6-1. Concessional tax rate on transfer of specified securities
As per Section 112A of the Income-tax Act, 1961, where the total income of an assessee
includes long-term capital gain arising from the transfer of listed equity shares, units of an
equity-oriented mutual fund, or units of business trust (hereinafter referred to as ‘specified
securities’), no tax shall be charged on such long-term capital gain if the aggregate amount of
such gain during the year is up to Rs. 1,00,000. Where the amount of capital gain exceeds Rs.
1,00,000, the excess amount is chargeable to tax at a concessional rate of 10% without
providing the benefit of indexation and foreign currency fluctuation.
Similarly, Section 111A of the Income-tax Act, 1961 provides for a concessional tax rate of
15% in case of short-term capital gain arising from the transfer of such specified securities.
The benefit of concessional tax rate under Section 111A and 112A of the Income-tax Act, 1961
is provided subject to certain conditions, inter-alia, the transaction should be subject to the
securities transaction tax. This condition of payment of STT on the transfer of such specified
securities has been relaxed where the transfer is undertaken on a recognised stock exchange
located in any International Financial Services Centre (IFSC) and the consideration for such
transfer is received or receivable in foreign currency.
11.6-2. No tax on dividend
If a domestic company, being a unit located in the International Financial Services Centre
(IFSC), distributes dividend to its shareholders then no tax shall be chargeable either in the
hands of the company or the shareholders. However, this provision shall be applicable only
when such company derives income solely in convertible foreign exchange and dividend is
distributed out of its current income or income accumulated as a unit of IFSC after 01-04-
2017.
11.6-3. Reduced rate of MAT and AMT
Section 115JB of the Income-tax Act, 1961 provides for levy of MAT at the rate of 15% on the
company, if the tax payable by it on income computed as per normal provisions of the Income-
tax Act, 1961 is less than 15% of book profits. In such a case the book profit is taken as the
income of the company and tax is levied on the same at the rate of 15% plus applicable
surcharge and cess.
Similarly, Section 115JC provides for levy of AMT at the rate of 15% in case of co-operative
society or 18.5% in case of any other non-company assessee, if the tax payable by it on income
computed as per normal provisions of the Income-tax Act is less than 18.5% or 15% of
adjusted total income. In such a case, the adjusted total income is taken as the income of the
assessee and tax is levied on the same at the rate of 18.5% or 15%.
However, both these sections provide a concessional rate of 9% to the assessee, being a unit
or a company, located in IFSC deriving its income solely in convertible foreign exchange.
11.6-4. Exemption from the transfer of certain securities
In view of Section 47(viiab) of the Income-tax Act, 1961, any transfer of the following
securities by a non-resident on a recognised stock exchange located in any IFSC shall not be
regarded as transfer provided the consideration is paid or payable in foreign currency::
a) Bonds or GDRs of an Indian Company (including public sector company) purchased in
foreign currency;
b) Rupee Denominated Bonds of an Indian company;
c) Derivatives;
d) Foreign currency-denominated bond78;
e) Unit of a Mutual Fund;
f) Unit of a business trust;
g) Foreign currency-denominated equity shares of a company;
h) Unit of Alternative Investment Fund; or
i) Other notified securities
It is to be noted that a non-resident being an eligible foreign investor, who doesn't have any
income in India other than income from transfer of aforesaid capital assets, shall not be
required to file return of income if he furnishes the following details and documents to the
stock broker through which the transaction is made79:
• Name, e-mail id and contact number;
• Address in the country or specified territory of which he is a resident;
• A declaration that he is a resident of a country or specified territory outside India; and
• Tax Identification Number allotted in his home country and if such number is not available,
then a unique number on the basis of which he is identified by the Government of his home
country
"eligible foreign investor" means a non-resident who operates in accordance with the
Securities and Exchange Board of India, circular IMD/HO/FPIC/CIR/P/2017/003 dated 04th
January, 2017
78 Securities in point (d) to (h) have been notified vide Notification S.O. 986 (E) [NO. 16/2020/F.NO. 370142/22/2019-TPL],
Dated 5-3-2020
79 Notification No. 119, dated 11-10-2021.
11.6-5. Exemption in respect of income of specified fund
Section 10(4D) of the Income-tax Act, 1961, provides an exemption in respect of the certain
income of a specified Fund.
11.6-5a. Meaning of Specified fund
‘Specified Fund80’ is defined in the Explanation (c) to Section 10(4D) to mean the following
funds:
(a) Investment Division of an Offshore Banking Unit
An investment division of an offshore banking unit, being an investment division of a banking

unit of a non-resident located in International Financial Services Centre (IFSC) as referred
under Section 80LA(1A), shall be treated as a specified fund if it satisfies the following
conditions:
 It should be granted a certificate of registration as a Category-I Foreign Portfolio Investor

under the SEBI (Foreign Portfolio Investors) Regulations, 2019;
 Its operations must be commenced on or before 31-03-2024;
 It maintains separate accounts for the registered investment division reflecting the
true and fair accounts of all transactions relating to such division;
 The direct and indirect expenses relating to the incomes eligible for exemption under
this provision and other incomes are properly recorded, accounted for, and
apportioned;
 The accounts of the registered investment division are audited by the chartered
accountant one month before the due date of filing of return of income and the audit
report is filed in Form No. 10-IL by the said date;
 It maintains proper documentation in respect of inbound remittance for buying and
selling the investments and the use of inward remittance made to India;
 It maintains bank statement of all accounts of the registered investment division;
 It maintains contract notes relating to purchase and sale of securities by the registered
investment division; and
 It maintains a statement of securities issued by the custodian
(b) Alternative Investment Fund
An Alternative Investment Fund (AIF) shall be treated as a specified fund if it satisfies the
following conditions:
80The Finance Act, 2021 has substituted the definition of specified fund with effect from Assessment Year 2022-23 to cover
investment division of an offshore banking unit. Earlier, only Alternative Investment Funds were covered under the
definition of specified fund.
 It should be established or incorporated in India in the form of a trust, company, LLP or
body corporate;
 It should be granted a certificate of registration as Category-III AIF and is regulated under
the SEBI (AIF) Regulations, 2012 or International Financial Services Centres Authority Act,
2019;
 It should be located in an International Financial Services Centre (IFSC);
 It’s all the units must be held by non-residents except units held by sponsor or
manager. However, if the non-resident unit holder(s) becomes resident or deemed to
be resident in India in any previous year subsequent to the year in which units were
issued to him, the condition (d) shall be relaxed and exemption shall continue to be
available to specified fund provided the following conditions81 are satisfied:
i. Such unitholder(s) do not hold more than 5% of the total units issued by the
specified fund.
ii. Such unit holder(s) shall cease to be a unit holder of the specified fund within a
period of 3 months from the end of the previous year in which he becomes a resident.
iii. The specified fund shall maintain the following documents in respect of such
unit holder(s):
• Name of the unit holder;
• Tax identification number of the unit holder in the country of residence
at the time the units were issued;
• PAN, if available;
• Total number of units held;
• Total value of units held;
• Whether the unit holder is a sponsor or manager;
• Previous year in which the unit holder became resident; and
• Date of exit from the specified fund
iv. The specified fund shall certify that it has fulfilled all the above conditions and
furnish information in respect of units held by residents in the annual statement of
exempt income in Form No. 10-IG.
11.6-5b. Nature of income exempt in the hands of specified fund
Specified funds shall be eligible to claim exemption with respect to income accrued or arisen
or received by it which is attributable to units held by a non-resident (not being a PE in India)
or to the investment division of offshore banking unit. Such exemption is allowed in respect
of the following income:
(a) Income from transfer of a capital asset as referred to in Section 47(viiab) on a recognised
stock exchange located in IFSC and consideration is paid or payable in ‘convertible foreign
exchange’;
81
Rule 21AIA as inserted by the Income-tax (Seventeenth Amendment) Rules, 2022 vide Notification No. 64/2022, dated
16-06-2022
(b) Income arising from transfer of securities (other than shares in a company resident in
India);
(c) Income from securities issued by a non-resident (not being a PE of a non-resident in India)
and where such income otherwise does not accrue or arise in India; or
(d) Income from a securitization trust is chargeable under the head ‘Profits and gains from
business or profession’.
The manner of computation of exemption in the case of specified fund, being a category-III
AIF, is prescribed under Rule 21AI82. Whereas, the manner of computation of exemption in
case of specified fund, being an investment division of an offshore banking unit, is prescribed
under Rule 21AJA83.
11.6-5c. Nature of income exempt in the hands of unitholders of specified fund
Section 10(23FBC) provides that any income accruing or arising to or received by a unit-holder
from such specified fund or on the transfer of units in such fund, shall be exempt from tax.
11.6-6. Computation of exemption in case of specified fund being category-III AIF

11.6-6a. Manner of computation of exemption
The exemption under section 10(4D) in respect of the income attributable to units held by
non-resident (not being a PE of a non-resident in India) in a specified fund, being a category-
III AIF, shall be aggregate of amount computed as per the following formula in respect of all
eligible incomes:
(b)
Income exempts under Section 10(4D) = (a) *
(c)
Nature of income AUM† held by non- AUM† of Remark
resident unitholder specified fund
(a) (b) (c)
Income from transfer Aggregate of daily Aggregate of Daily AUM to be
of a capital asset as AUM held by non- daily total AUM computed for the
referred to in Section resident unit-holder of specified fund period of holding of
47(viiab) (Not being PE of non- such capital asset
resident in India)
Income from transfer Aggregate of daily Aggregate of Daily AUM to be
of securities (not being AUM held by non- daily total AUM computed for the
shares in a co. resident resident unit-holder of specified fund period of holding of
in India) such security
82 Inserted by the Income-tax Amendment (Twenty-second Amendment) Rules, 2021 vide Notification No. 90/2021, dated
09-08-2021
83 Inserted by the Income tax (1st Amendment) Rules, 2022 vide Notification G.S.R. 15(E) [NO. 6/2022/F.NO.
370142/60/2021-TPL], dated 14-1-2022

(Not being PE of non-
resident in India)
Income from AUM held by non- Total AUM of AUM to be computed
securities issued by a resident unit-holder specified fund on the date of receipt
non-resident (not (Not being PE of non- of such income
being a PE of a non- resident in India)
resident in India)
Income from a AUM held by non- Total AUM of AUM to be computed
securitization trust resident unit-holder specified fund on the date of receipt
(Not being PE of non- of such income
resident in India)
† ‘Assets Under Management (AUM)’ means the closing balance of the value of assets or
investments of the specified fund as on a particular date.

11.6-6b. Furnishing of statement of exempt income
The exemption shall be allowed only when the specified fund furnishes a statement of exempt
income annually in Form No. 10-IG 84. This statement is required to be furnished electronically
under digital signature on or before the due date of furnishing the original return of income.
11.6-6c. Treatment of income not exempt under Section 10(4D)
In the following situations, the income of a specified fund shall not be exempt from tax under
Section 10(4D):
(a) It earns income from securities which are not specified in para 11.6-5b;
(b) The income is attributable to the units held by a unit-holder who is either a resident
in India or a permanent establishment of a non-resident in India.
The income specified in point (a) above shall be taxable under Section 115AD at a concessional
rate. Whereas, the income specified in point (b) shall be taxable at normal tax rate as
applicable in its case.
11.6-7. Computation of exemption in case of specified fund being an investment division of

offshore banking unit
11.6-7a. Manner of computation of exemption
Rule 21AJA provides a formula specifying that the exemption under section 10(4D) shall be
available to investment division of an offshore banking unit only in respect of income arising
from capital asset or securities (specified in para 11.6-5b) held by it. Thus, capital asset or
securities must be held by investment division itself.
Further, it provides that any expenditure incurred for making or earning such incomes shall
not be allowed as deduction from income from any other activity or source.
84Inserted by the Income-tax Amendment (Twenty-second Amendment) Rules, 2021 vide Notification No. 90/2021, dated
09-08-2021
11.6-7b. Furnishing of statement of exempt income under section 10(4D) by investment
division of offshore banking unit
The exemption shall be allowed only when the investment division of the offshore banking
unit gets its accounts audited by the chartered accountant one month before the due date of
filing of return of income and the audit report is filed in Form No. 10-IL by the said date.
Further, it shall also be required to furnish a statement of exempt income annually in Form
No. 10-IK.85
11.6-7c. Treatment of income of category-III AIF not exempt under Section 10(4D)
In the following situations, the income of a specified fund shall not be exempt from tax under
Section 10(4D):
(a) It earns income from securities which are not specified in para 1.2;
(b) The income is not attributable to securities held by the investment division of offshore
banking unit.
The income specified in point (a) above shall be taxable under Section 115AD at a concessional
rate. Whereas the income specified in point (b) shall be taxable as per the normal tax rates as
applicable in its case.
11.6-8. Benefit of concessional tax rate
Such Specified Fund (as referred to in para 11.6-5a) is allowed to pay taxes at concessional
rates prescribed under Section 115AD. However, the provisions of Section 115AD shall apply
only to the extent of income that is attributable to units held by non-resident (not being PE
of a non-resident in India). However, where such specified fund is an investment division of
an offshore banking unit, these provisions shall apply to the extent of income attributable to
the investment division of the banking unit. Further, the income so attributable shall be
calculated in the prescribed manner.
11.6-8a. In case of income from securities
The income arising from securities, other than units as referred to in Section 115AB, is
chargeable to tax at a concessional rate of 10%. However, where income is in the nature of
interest referred under Section 194LD, the tax shall be charged at the rate of 5%.
Consequently, tax on such income in respect of securities is deductible under Section 196D at
the rate of 10%.
85 Inserted by the Income-tax (Seventeenth Amendment) Rules, 2022 vide Notification No. 64/2022, dated 16-06-2022
11.6-8b. In case of capital gain
Short-term capital gain arising from the transfer of such securities is chargeable to tax at the
rate of 30%. However, if the short-term capital gain is arising from the transfer of specified
securities, being equity shares, units of equity-oriented mutual fund or units of business trust,
as referred to in Section 111A then the tax shall be charged at the rate of 15%.
Whereas, the long-term capital gain is charged to tax at a rate of 10%. However, if the long-
term capital gain is arising from the transfer of specified securities as referred to in Section
112A then tax is charged only when the aggregate amount of long-term capital gain from
transfer of such securities during the year exceeds Rs. 1,00,000. Where the amount of capital
gain exceeds Rs. 1,00,000 then the excess amount is chargeable to tax at the rate of 10%.
11.6-9. Non-applicability of AMT provisions
Such Specified Fund (as referred to in para 11.6-5a) are not subject to the provisions of
Alternate Minimum Tax.
11.6-10.Exemption in respect of Interest on borrowings
Where a unit located in IFSC has borrowed money on or after 01-09-2019 from a non-resident,
interest received or receivable in respect of such borrowings shall be exempt in the hands of
such non-resident by virtue of exemption provided under Section 10(15)(ix) of the Income-
tax Act, 1961.
11.6-11. Relaxation from the filing of return of income
The CBDT86 has exempted a non-resident or a foreign company from the requirement of filing
a return of income if it has any income from any investment in Category-I and Category-II
Alternative Investment Fund (AIF) set up in an IFSC located in India. This exemption can be
claimed subject to the following conditions:
a) Income-tax due on the said income has been deducted at source and remitted to the
Central Government by the Investment fund as per the rates prescribed under section
194LBB; and
b) Income from the investment fund is the only income, i.e., there is no other income in
respect of which he is liable to furnish his return of income.
However, this relaxation shall not be available where a notice under section 142(1) or 148 or
153A or 153C of the Income-tax Act, 1961 has been issued for filing of a return of income.
86 Notification no. S.O. 2672(e), dated 26-7-2019

11.6-12. Deduction under Section 80LA
Where Gross Total Income (GTI) of an assessee, being a unit of an IFSC, includes any income
from business for which it has been approved for setting up in such centre, the assessee shall
be eligible to claim deduction of an amount equal to 100% of such income for a period of 10
consecutive assessment years, at the option of the assessee out of 15 years. Further,
deduction shall also be allowed in respect of income arising from transfer of an aircraft or a
ship which was leased by such unit to a person provided operations of such unit has been
commenced on or before 31-03-202487.
The period of 15 years shall be reckoned from the beginning of the assessment year relevant
to the previous year in which permission under Banking Regulations Act or permission or
registration under the SEBI Act, 1992, or the International Financial Services Centre Authority
Act, 2019 was obtained.
'Aircraft' means an aircraft or a helicopter, or an engine of an aircraft or a helicopter or an
engine of an aircraft or a helicopter or any part thereof.
'Ship' means a ship or an ocean vessel, engine of a ship or ocean vessel, or any part thereof.
11.6-13. No restriction on section 80LA deduction
11.6-13a. While opting for concessional tax regime
Section 115BAA of the Income-tax Act, 1961 provides that any domestic company has an
option to pay taxes at a concessional tax rate of 22% subject to fulfilment of various
conditions. One such condition is that the company opting for such concessional tax rates has
to forego deductions prescribed under the heading "C.—Deductions in respect of certain
incomes" of Chapter VI-A (except section 80JJAA and Section 80M).
Similarly, Section 115BAC and 115BAD provides concessional tax rates in case of an Individual,
HUF and a co-operative society subject to fulfilment of various conditions. They also have to
forego various deductions prescribed under the heading "C.—Deductions in respect of certain
incomes" of chapter VI-A.
However, relaxation has been prescribed in respect of a person having a unit in IFSC. Such a
person is not restricted from claiming the deduction under section 80LA of the Income-tax
Act, 1961 even if it has opted for payment of tax at concessional tax rate under section
115BAA, 115BAC or 115BAD of the Income-tax Act, 1961
11.6-13b. Payment of taxes under section 115A
Section 115A of the Income-tax Act, 1961 provides special tax rates in respect of the certain
income earned by a non-resident (not being a company) or a foreign company. No deduction
can be claimed from such income under Chapter VI-A. However, a unit of an IFSC is not
restricted from claiming deduction under section 80LA of the Income-tax Act, 1961 from such
income.
11.6-14. Certain exemption to non-residents dealing with unit of IFSC
Any of the following income accrued or arisen to, or received by a non-resident shall be exempt
from tax by virtue of Section 10(4E) and Section 10(4F) of the Income-tax Act88:
(a) Income from transfer of non-deliverable forward contracts or offshore derivative
instruments or over-the-counter derivatives entered into with an offshore banking
unit of an IFSC referred under section 80LA(1A) subject to the fulfilment of conditions
prescribed in this behalf;
(b) Income by way of royalty or interest, on account of lease of an aircraft or a ship in a
previous year, which is paid by an IFSC referred under section 80LA(1A) whose
operations are commenced on or before 31-03-2024.
11.6-15. Exemption or allowances in case of certain relocations
11.6-15a. Meaning of Certain Terms
(a) Relocation
Relocation means transfer of assets of the original fund (or of its wholly-owned special
purpose vehicle) to a resultant fund on or before 31-03-2023. Consideration for such transfer
is to be discharged in the form of share or unit or interest in the resulting fund to the
following:
 Shareholder or unitholder or interest holder of the original fund, in the same proportion
in which the share or unit or interest was held by them in such original fund, in lieu of their
shares or units or interests in the original fund; or
 The original fund, in the same proportion as referred to in the above point, in respect of
which the share or unit or interest is not issued by the resultant fund to its shareholder or
unitholder or interest holder.
(b) Original fund
Original fund means a fund that fulfils the following conditions:

 It is established or incorporated or registered outside India;
 It is not a person resident in India;
 It collects funds from its members for investing it for their benefit;
 It is a resident of a country or a specified territory with which a DTAA has been entered
into or is established or incorporated or registered in a notified country or a specified
territory89;
88Inserted by the Finance Act, 2021, with effect from assessment year 2022-2023
89The Central Government has notified countries and specified territories vide Notification No. 46/2022, dated 27-04-
2022.
 the fund and its activities are subject to applicable investor protection regulations in the
country or specified territory where it is established or incorporated or is a resident; and
Where a capital asset is transferred by the original fund to a resultant fund being a Category
III AIF, the aggregate participation or investment in the original fund by persons resident in
India shall not exceed 5% of the corpus of such fund at the time of such transfer90.
(c) Resultant fund
Resultant fund means a fund established or incorporated in India in the form of a trust or a
company or a limited liability partnership and which fulfils the following conditions
 It has been granted a certificate of registration as a Category I or Category II or Category III
AIF;
 It is regulated under the SEBI (Alternative Investment Fund) Regulations, 2012 or
International Financial Services Centres Authority Act, 2019; and
 It is located in any International Financial Services Centre as referred under section
80LA(1A).
11.6-15b. Transaction not regarded as transfer
Section 47(viiac) provides that any transfer of a capital asset by an original fund to a resultant
fund in pursuance of its relocation is not regarded as a transfer for the purpose of computing
capital gain.
Similarly, Section 47(viiad) provides that transfer of shares, unit or interest held by an investor
in original fund in consideration of share, unit or interest in resultant fund is also not regarded
as transfer.
Further, the cost of acquisition of such share, unit or interest in the original fund shall be
deemed as its cost of acquisition in the resultant fund.
11.6-15c. Non-applicability of deeming provisions of Section 56
Section 56(2)(x) provides for the taxability under the head 'other sources' if any property is
received by any person without or for inadequate consideration. This provision excludes the
transfer of property made in relation to the relocation of original fund to the resultant fund.
Thus, no taxability shall arise even in the hands of the resultant fund on receipt of a capital
asset from the original fund.
90 Rule 21AL as inserted by the Income-tax (21st Amendment) Rules, 2022 vide Notification No. 80, dated 08-07-2022.
11.6-15d. Exemption on transfer of certain shares
Section 10(23FF)91 provides exemption on subsequent transfer of capital asset, being shares
of a company resident in India, received from the original fund. The exemption provision
under Section 10(23FF) are as follows:
(a) The income is on account of transfer of share.
(b) The share is of a company resident in India.
(c) The transfer is made by the resultant fund.
(d) Such shares were transferred from the original fund (either directly or from its wholly-
owned special purpose vehicle) to the resultant fund in relocation.
(e) Capital gain on such shares was not chargeable to tax if that relocation had not taken
place
(f) Where the resultant fund is a Category-I or Category II AIF, the exemption shall be
available to its non-resident unitholders. The exemption is provided to the unitholders as
Category I and Category II are provided pass-through status under the Income-tax Act.
(g) Where the resultant fund is a Category-III AIF, the exemption shall be available to the
resultant fund itself. However, it should be a specified fund as defined under Section 10(4D).
Further, the exemption shall be available only to the extent attributable to units held by a
non-resident (not being a permanent establishment of a non-resident in India) in such fund.
The manner of computation of exemption, in this case, is provided under Rule 2DD92 of the
Income-tax Rules.
As per Rule 2DD, the amount of exemption shall be computed as per the following formula:
Income exempt under Section (b)
= (a) *
10(23FF) in case of specified fund (c)
Nature of income AUM† held by non- AUM† of Remark
resident unitholder specified fund
(a) (b) (c)
Capital gain from Aggregate of daily Aggregate of Daily AUM to be
transfer of shares of a AUM of the specified daily total AUM computed from the
company resident in fund which are held by of the specified date of acquisition to
India* non-resident unit- fund the date of transfer
holder (not being PE of of such share
non-resident in India)
† ‘Assets Under Management (AUM)’ means the closing balance of the value of assets or
investments of the specified fund as on a particular date.

*Capital gain should arise from the shares which were received by the specified fund in
relocation from the original fund, or from its wholly-owned special purpose vehicle, and
91Inserted by the Finance Act, 2021 with effect from Assessment year 2022-23
92Inserted by the Income-tax (Thirty-Fourth) Amendment Rules, 2021, w.e.f. 27-12-2021 vide Notification G.S.R. 883 (E)
[No. 138/2021/F. NO. 370142/58/2021-TPL(PART-II)], Dated 27-12-2021
where such capital gains would not be chargeable to tax if the relocation had not taken
place.
As per the said rule, the specified fund shall be required to furnish an annual statement of
exempt income in Form 10-II on or before the due date of filing of original return of income.
Further, such annual statement shall be required to be certified from and filed by a Chartered
Accountant in Form No. 10-IJ at least one month prior to the due date of filing of return of
income. Both Form 10-II and Form 10-IJ shall be required to be filed electronically under a
digital signature.
11.6-15e. Relaxation from provisions of Section 79
Section 79 of the Income-tax Act, 1961, restricts carry forward of losses in case of closely held
companies where there is a substantial change in the shareholding of the company. However,
this section provides that where such change in shareholding has taken place during the year
on account of relocation as referred to in Section 47(viiac) and Section (viiad), provisions of
this section shall not be applicable to the extent of such change.
11.6-16. Relaxations of conditions to be an eligible investment fund or eligible fund

manager
Section 9A of the Income-tax Act, 1961, provides that in the case of an eligible investment
fund, the fund management activity carried out through an eligible fund manager acting on
behalf of such fund shall not constitute business connection in India of the said fund. Sub-
Section (3) and (4) of this section prescribes the conditions which a fund and manager needs
to fulfil for claiming the benefit of this Section.
The Central Government has been empowered to specify that any one or more of such
conditions shall not apply or shall apply with certain modifications specified in this behalf if
such fund manager is located in an International Financial Services Centre, as defined under
Section 80LA and has commenced its operations on or before 31-03-2024.
The conditions which have been relaxed or modified in the case of such eligible investment
fund and eligible fund manager are given below93:
(a) Minimum number of members - An offshore fund shall be deemed as an eligible

investment fund provided the fund has a minimum of 25 members who are, directly or
indirectly, not connected persons.
However, this condition is relaxed where the fund manager of an investment fund is located
in an IFSC and has commenced its operation on or before 31-03-2024.
93The conditions are being relaxed or modified by the Central Government vide Notification No. 59, dated 06-06-2022 in
exercise of the powers conferred under sub-section (8A) of Section 9A.
(b) Ceiling on participation by members – An offshore fund shall be deemed as an eligible
investment fund provided:
• any member of the fund along with connected persons does not have any
participation interest, directly or indirectly, in the fund exceeding 10%; and
• aggregate participation interest, directly or indirectly, of ten or less members
along with their connected persons in the fund, shall be less than 50%.
However, the above conditions are relaxed where the fund manager of an investment fund is
located in an IFSC and has commenced its operation on or before 31-03-2024.
(c) Restriction on other business activities in India - An offshore fund shall be deemed as
an eligible investment fund provided the fund does not carry on or control and manage,
directly or indirectly, any business in India.
However, if the fund manager of the investment fund is located in an IFSC and has
commenced its operation on or before 31-03-2024, this condition is being modified to provide
that the fund shall not carry on, or participate in, the day-to-day operations of any person in
India. It is to be noted that the monitoring mechanism to protect the investment in a person
including the right to appoint directors or executive director shall not be considered as
participation in the day-to-day operations of such person in India.
(d) Fund manager should obtain a registration - A fund manager shall be deemed as an
eligible fund manager provided, he is registered as a fund manager or an investment advisor
in accordance with the specified regulations94. The CBDT vide Circular No. 8, dated 10-5-2019
has clarified that 'fund manager' includes an Asset Management Company (AMC) as approved
by SEBI under the SEBI (Mutual Funds) Regulations, 1996.
Where the fund manager is located in an IFSC and has commenced its operation on or before
31-03-2024, it should be registered as a portfolio manager or an investment advisor in
accordance with the International Financial Services Centres Authority (Capital Market
Intermediaries) Regulation 2021 or such other regulations made under the International
Financial Services Centres Authority Act, 2019.
11.6-17. Concessional tax rate in case of GDRs issued by certain companies
Where an Indian company or its subsidiary, engaged in information technology,

entertainment, pharmaceutical or biotechnology industry, distributes dividend in respect of
Global Depository Receipts (GDRs) issued to its employees under an Employees' Stock Option
94"Specified Regulations" means the Securities and Exchange Board of India (Portfolio Managers) Regulations, 1993 or the
Securities and Exchange Board of India (Investment Advisers) Regulations, 2013, or such other regulations made under the
Securities and Exchange Board of India Act, 1992 which is notified by the Central Government. The Government has
notified SEBI (Mutual Fund) Regulations, 1996 for this purpose vide Notification No. SO 1420(E), dated 20-3-2019.
Scheme, the dividend is taxable at a concessional tax rate of 10% under Section 115ACA in
the hands of the employee provided he is a resident in India and GDRs are purchased by him
in foreign currency. Further, the long-term capital gain arising from transfer of such GDRs shall
also be taxable at concessional rate of 10%.
For this provision, GDR means a mean any instrument in the form of a depository receipt or
certificate (by whatever name called) created by the Overseas Depository Bank outside India
or in an IFSC and issued to investors against the issue of:
(a) Ordinary shares of issuing company, being a company listed on a recognised stock
exchange in India;
(b) Foreign currency convertible bonds of issuing company; or
(c) Ordinary shares of issuing company, being a company incorporated outside India, if such
depository receipt or certificate is listed and traded on any IFSC.
11.6-18. Pass-through status to AIFs regulated under International Financial Services

Centre Authority Act, 2019
Category-I and Category-II Alternative Investment Funds regulated under the International
Financial Services Centres Authority Act, 2019 are provided pass-through status under the
Income-tax Act as per Section 115UB read with Section 10(23FBA) and Section 10(23FBB). The
pass-through entities pass their income (except income chargeable under the head business
or profession) to their investors without paying tax thereon and, consequently, such income
is chargeable to tax in the hands of the investors.
11.6-19. Lower rate of TDS under Section 194LC
Section 194LC provides for deduction of tax at source on any income payable by way of
interest in respect of certain securities to a non-resident, not being a company or to a foreign
company by a specified company or a business trust. Tax is required to be deducted at the
rate of 5%.
Whereas, if such interest is payable in respect of monies borrowed from a source outside
India by way of issue of any long-term bond or rupee-denominated bond on or after 01-04-
2020 but before 01-07-2023, which is listed only on a recognised stock exchange located in
any International Financial Services Centre (IFSC), tax is deductible at the rate of 4%.
11.6-20. Relaxation from obtaining or Quoting PAN
A non-resident, not being a company, or a foreign company shall not be required to obtain
and quote PAN in following cases:
11.6-20a. To receive Income from units of specified AIF95
As per section 139A read with Rule 37BC and Rule 114AAB, a non-resident, not being a
company, or a foreign company shall not be required to obtain and quote PAN if the following
conditions are satisfied:
(a) Assesse has made investment in Category-I and Category-II Alternative Investment
Funds (AIFs) located in International Financial Services Centre (IFSC)or a Category III AIF which
fulfils the conditions of being a specified fund as referred under Section 10(4D) and income
from such investment is the only income;
(b) Income-tax due on such income has been deducted at source and remitted to the
Central Government by such AIF at the rates specified in Section 194LBB; and
(c) Assessee has furnished the following details and documents to the AIF:
 Name, e-mail id and contact number;
 Address in the country or specified territory of which he is a resident;
 A declaration that he is a resident of a country or specified territory outside India; and
 Tax Identification Number allotted in his home country and if such number is not
available, then a unique number on the basis of which he is identified by the
Government of his home country.
Further, Such AIF is required to furnish a quarterly statement electronically in Form No. 49BA
and declaration received from assessee, within 15 days from the end of the quarter to which
such statement relates.
A non-resident or foreign company having income from investment made in aforesaid
Category-III AIF and satisfying the above conditions is exempted from filing return of income
as well provided he has not been issued a notice for filing of return of income under provisions
of Section 142(1) or Section 148 or Section 153A or Section 153C for the relevant assessment
year.96
11.6-20b. On transfer of specified securities97
As per Rule 114AAB, a non-resident, being an Eligible Foreign Investor (EFI), shall not be
required to obtain and quote PAN if the following conditions are satisfied98:
(a) He operates in accordance with SEBI’s circular99.
(b) He has made transaction only in the capital asset referred to in Section 47(viiab) which
are listed on a recognized stock exchange located in any IFSC;
(c) The consideration on transfer of aforesaid capital asset should be paid or payable in
foreign currency;
95 Inserted by the Income-tax (Nineteenth Amendment) Rules, 2020, with effect from 10-08-2020.
96 Notification No. 119, dated 11-10-2021
97 Inserted by the Income-Tax (14th Amendment) Rules, 2021, with effect from 04-05-2021.
98 Inserted by the Income-Tax (14th Amendment) Rules, 2021, with effect from 04-05-2021.
99 SEBI Circular No.IMD/HO/FPIC/CIR/P/2017/003, Dated 4-1-2017.
(d) He does not earn any income in India, other than the income from transfer of aforesaid
capital asset; and
(e) He has furnished the following details and documents to the stock broker through
which the transaction is made:
 Name, e-mail id and contact number;
 Address in the country or specified territory of which he is a resident;
 A declaration that he is a resident of a country or specified territory outside India; and
 Tax Identification Number allotted in his home country and if such number is not
available, then a unique number on the basis of which he is identified by the
Government of his home country.
Further, the stock broker shall be required to furnish a quarterly statement electronically in
Form No. 49BA and upload a declaration received from EFI, within 15 days from the end of
the quarter in which such details or documents are received by it.
An eligible foreign investor satisfying the above conditions is exempted from filing return of
income as well provided he has not been issued a notice for filing of return of income under
provisions of Section 142(1) or Section 148 or Section 153A or Section 153C for the relevant
assessment year.100
11.6-21. Exemption to a non-resident in respect of income arising from portfolio managed

through IFSC
The exemption under section 10(4G)101 is allowed in respect of income earned by a non-
resident from his portfolio subject to the following conditions:
(a) the income is received from the portfolio of securities or financial products or funds;
(b) the portfolio is managed or administered by any portfolio manager on behalf of such
non-resident;
(c) the income is received in an account maintained with an Offshore Banking Unit in any
IFSC, as referred to in Section 80LA(1A); and
For this purpose, “portfolio manager” shall have the same meaning as assigned to it in clause
(z) of sub-regulation (1) of regulation (2) of the International Financial Services Centres
Authority (Capital Market Intermediaries) Regulations, 2021, made under the International
Financial Services Centres Authority Act, 2019.
As per Regulation 2(1)(z), "portfolio manager" means a person, who pursuant to a contract
with a client, advises or directs or undertakes on behalf of the client (whether as a
discretionary portfolio manager or otherwise) the management or administration of a
portfolio of securities or financial products or funds of the client, as the case may be.
100 Notification No. 119, dated 11-10-2021

101 Inserted by the Finance Act, 2022 with effect from Assessment Year 2023-24
Review Questions:
1. Stock exchanges located in IFSC have the following advantages for global investors
(a) Allows investment in Indian as well as foreign securities

(b) Provides competitive advantage in terms of tax structure and other
regulatory requirements
(c) Allows investments without assuming currency risk
(d) All of these
2. Which of these are Intermediaries in IFSC?
(a) Merchant banker

(b) Foreign portfolio manager
(c) Credit rating agency
(d) All of these
3. Units located in IFSC enjoy the following advantages
(a) No Securities Transaction Tax (STT)

(b) Short-term capital gains are taxed at concessional tax rate of 15%
(c) Long-term capital gains in excess of Rs. 1,00,000 are taxed at
concessional tax rate of 10% with no indexation & currency benefits
(d) All of these
4. Trading in exchanges located in IFSC are permitted to operate for how many hours?
(a) 22 hours
(b) 24 hours
(c) 23 hours
(d) 23.5 hours
CHAPTER 12: TAX PROVISIONS FOR SPECIAL CASES
 Tax applicability on Bonus issues

 Tax applicability on Split & Consolidation of securities
 Tax applicability on Buyback of Shares
 Tax applicability on Liquidation of Companies
 Tax applicability on Rights issues
 Tax applicability on Mergers & Acquisitions of securities
 Tax applicability on Stock Lending and Borrowing
 Tax applicability on conversion of Bonds or Preference shares in equity shares.
 Tax liability on conversion of stock into capital asset.
In this chapter, you will learn about the special provisions relating to the taxation of the
following securities:
1. Bonus Shares [see Para 12.1]

2. Split and Consolidation of securities [see Para 12.2]
3. Buyback of Shares [see Para 12.3]
4. Liquidation of Companies [see Para 12.4]
5. Rights issues [see Para 12.5]
6. Mergers & Acquisitions of securities [see Para 12.6]
7. Stock Lending and Borrowing (SLB) [see Para 12.7]
12.1 TAXATION OF BONUS SHARES
12.1-1. Meaning of Bonus shares
Bonus shares are the additional shares issued by a company to the existing shareholders on
the basis of shares already owned by them. Bonus shares are issued to the shareholders
without any additional cost. These shares are issued to give the shareholders an incentive and
increase the equity base of the company.
The tax treatment of bonus issue depends upon whether the shares are held as stock-in-trade
or as a capital asset. If they are held as capital assets, any profit or gain arising from the
transfer of such shares are taxable as capital gains (see Chapter 3 to know more about the
Capital Gains). If shares are held as stock-in-trade, the gain or loss arising therefrom is taxable
under the head PGBP (see Chapter 8 to know more about the profits and gains from business
or profession).
12.1-2. Taxation under the head capital gains
No tax implication arises either in the hands of the company or in the hands of the
shareholders at the time of allotment of bonus shares. Gains will be calculated only at the
time of transfer of shares by the shareholder. If the bonus shares are held as a capital asset,
the profit arising from its transfer shall be taxable under the head capital gains. To calculate
the capital gains, one should consider the following provisions.
12.1-2a. Period of holding
The bonus shares may be classified either as long-term capital asset or short-term capital
asset on the basis of the period of holding of such shares. The period of holding of bonus
shares shall be reckoned from the date of allotment of such shares. If the bonus share is listed
on the stock exchange in India, it will be treated as a short-term capital asset if it is held for
not more than 12 months immediately preceding the date of transfer, otherwise, they are
treated as long-term capital assets. However, in case these shares are not listed on a
recognised stock exchange, such a period of 12 months shall be increased to 24 months.
12.1-2b. Cost of acquisition
If bonus shares are allotted to shareholder without any payment on the basis of holding of
original shares, the cost of such bonus shares will be nil in the hand of the original
shareholder. However, if bonus shares are issued to the assessee prior to 01-04-2001, the fair
market value as on 01-04-2001, at the option of the assessee, is considered as cost of
acquisition.
Where bonus shares are long-term capital assets and they fulfil the conditions prescribed
under section 112A (see Para 10.2-1 to know more about Section 112A), then the cost of
acquisition shall be higher of the following:
a) The actual cost of acquisition of bonus shares (which is nil); or

b) Lower of the fair market value of such shares as on 31-01-2018 or full value of the
consideration received as a result of the transfer of such shares.
As the actual cost of acquisition of a bonus share is nil, the deemed cost of acquisition of such
share shall be lower of its FMV as on 31-01-2018 and full value of the consideration received
as a result of the transfer of such shares.
12.1-2c. Sale consideration
The sale consideration arising from the transfer of bonus shares shall be the amount received
or receivable by the person transferring the shares. However, where bonus shares are
unquoted shares and the consideration received by the shareholder from the transfer of such
shares is less than the fair market value, such FMV shall be treated as sale consideration.
However, such FMV shall not be deemed as full value of consideration in case any unquoted
shares of a company and its subsidiary and the subsidiary of such subsidiary is transferred by
an assessee where:
(a) The tribunal, on application moved by Central Government, has suspended the board of
directors of such company and has appointed new directors as nominated by the Central
Government; and
(b) The share of the company and its subsidiary and the subsidiary of such subsidiary has been
transferred pursuant to a resolution plan approved by the tribunal, after affording a
reasonable opportunity of being heard to the Jurisdictional Principal Commissioner or
Commissioner.
12.1-2d. Computation of capital gains
The capital gains shall be computed in the following manner:
Particulars Amount
Sale Consideration xxx
Less:
- Cost of acquisition/Indexed Cost of acquisition of shares (xxx)
- Cost of improvement/Indexed cost of improvement (xxx)
- Expenditure in connection with the transfer (xxx)
- Amount chargeable to tax under Section 45(4) which is attributable (xxx)
to capital asset being transferred by specified entity102
- Exemption under Sections 54 to 54GB, if any (xxx)
Short-term Capital Gains/Long-term Capital Gains xxx
12.1-2e. Applicable tax rates
a) Tax on short term capital gains: Short-term capital gains arising from the transfer of equity
shares (if STT is paid at the time of transfer) are taxable under Section 111A at the rate of
15% (see Para 10.2-3 to know more about Section 111A). In other cases, gains are added
to the total taxable income and are chargeable to tax as per the applicable tax rate
according to the status of the assessee.
b) Tax on long term capital gains: Long-term capital gains, arising from the transfer of equity
shares (if STT is paid at the time of transfer), is chargeable to tax under Section 112A at
the rate of 10%. If STT is not paid at the time of transfer of listed equity shares, the long-
term capital gains shall be taxable at the rate of 10% or 20%, as the case may be (see Para
10.2-1 to know more about Section 112A).
12.1-3. Taxable under the head PGBP
If the bonus shares are held as stock in trade, gains arising at the time of transfer of such
bonus shares shall be taxable under the head PGBP. As per ICDS-VIII, the shares held as stock-
in-trade shall be initially recorded in the books at their cost of acquisition. As the cost of
acquisition of bonus shares is nil, the value of shares held as stock-in-trade shall not be
enhanced.
Gains or loss from the sale of bonus shares held as stock in trade shall be calculated as follows:
Particulars Amount
Sale consideration xxx
Less:
- Cost of acquisition (xxx)
- Expenditure relating to such sale (xxx)
Business Income or loss xxx
The gains arising in the manner explained above shall be assessable under head ‘Profits and
gains from business or profession’ at the rates of tax as applicable in case of the assessee.
Example 1, Mr A purchased 10,000 shares of X Ltd (a listed co.) at Rs. 105 per share on 01-04-
2018. Thereafter, the company announced bonus shares in the ratio of 1:2, that is, one bonus
share for every two shares. The bonus shares were issued on 01-07-2020. Mr A sold all 15,000
shares at Rs. 120 each on 01-05-2021. Compute the tax liability in his hands.
The capital gains shall be computed for the original shares (10,000 shares) and bonus shares
(5,000) separately.
(a) Computation of capital gains from transfer of 10,000 original shares
No. of shares [A] 10,000

Cost per share [B] Rs. 105
Total purchase value [C= A*B] Rs. 10,50,000
Date of purchase 01-04-2018
Date of transfer 01-05-2020
Period of holding 25 months
Selling price per share [D] Rs. 120
Total sale consideration [E=A*D] Rs. 12,00,000
Long-term capital gains from sale of shares Rs. 150,000
Tax Rate 10% on capital gain exceeding Rs.
100,000 under Section 112A
(b) Computation of capital gains from transfer of 5,000 bonus shares
No. of shares [A] 5,000

Total purchase value [B] Nil
Date of purchase 01-07-2019
Date of transfer 01-05-2020
Holding period 10 months
Selling price per share [C] Rs. 120
Total sale consideration [D = A * C] Rs. 600,000
Short-term capital gains [E = D – B] Rs. 6,00,000
Tax rate 15% under Section 111A
12.1-4. Bonus Stripping
Section 94(8) of the Income-tax Act - 1961, contains the provisions related to the Bonus
stripping.
In a bonus-stripping transaction, securities or units are purchased and sold near to the record
date. This practice is adopted to evade tax by generating the losses which arise due to
automatic reduction in the market value of the securities or units to the extent of the amount
of reserve utilized for allotment of bonus securities or units. Thus, to prevent the avoidance
of tax in this manner, this provision provides for disallowance of any loss arising to the
unitholder on account of such arrangements.
12.1-4a. When losses are disallowed?
The losses arising from the transfer of securities or unit shall be disallowed, if the following
conditions are satisfied:
(a) any person buys or acquires securities or unit (‘Original Securities or units’) within a
period of 3 months prior to the record date;
(b) such person is allotted additional securities or units (‘Bonus Securities or units’)
without any payment on the basis of holding of original securities or units on such
date;
(c) such person transfers all or any of his original securities or units within a period of 9
months after such date while continuing to hold all or any of the bonus securities or
units.
12.1-4b. How much losses are disallowed?
If the above conditions are satisfied, then the loss, if any, arising to him on account of such
purchase and sale of all or any of original securities or units shall be ignored for the purposes
of computing his income chargeable to tax. The amount of loss so ignored shall be deemed
to be the cost of acquisition of such bonus securities or units as are held by him on the date
of such sale or transfer.
12.1-4c. Meaning of Securities, Unit, and Record Date for Bonus Stripping
The terms ‘securities’, ‘unit’, and ‘record date’ are defined for the purpose of Bonus stripping
as under:
Meaning of Securities
"Securities" is defined to include includes stocks and shares. Further, it is provided that
securities shall be deemed to be similar if they entitle their holders to the same rights against
the same persons as to capital and interest and the same remedies for the enforcement of
those rights, notwithstanding any difference in the total nominal amounts of the respective
securities or in the form in which they are held or in the manner in which they can be
transferred.
Meaning of Unit
‘Unit' is defined to mean:
(a) Unit of a Business Trust; or
(b) Unit of a Mutual Fund or UTI; or
(c) Beneficial interest (including shares or partnership interest) of an investor in an Alternative

Investment Fund.
Meaning of Record Date
'Record date' means a date fixed by—
(a) a Company; or
(b) a Mutual Fund; or
(c) a Business Trust; or
(d) an Alternative Investment Fund

for the purposes of entitlement of the holder of the securities or units to receive additional
securities or units without any consideration.
12.2 TAXATION ON SHARE SPLIT OR CONSOLIDATION OF SHARES

12.2-1. Meaning of Stock split
The process of dividing the outstanding shares into further smaller shares is known as a stock
split. A stock split or stock divide increases the number of shares in a company. If a company
declares a stock split, the number of shares of that company increases, but the market cap
remains the same.
12.2-2. Meaning of Consolidation of shares
Share consolidation is a process conducted by the company with the intention to reduce its
number of shares. The shares of the company are merged to reduce the number of shares
and thereby increasing the market value of the shares. Consolidation of shares would lead to
a decrease in the number of shares whilst an increase in the market price per share.
12.2-3. Taxation under the head capital gains
Section 45 provides that any profit or gain arising from transfer of a capital asset is taxable
during the previous year in which such transfer takes place. Section 2(47) provides an inclusive
definition of the term “Transfer”. However, splitting or consolidation of shares is not covered
within the definition of transfer. Further, Section 55 provides that the cost of acquisition of
such shares shall be determined with reference to the cost of acquisition of the shares or
stock from which such asset is derived. Thus, it can be interpreted that no tax will be levied
at the time of splitting or consolidation of shares. Tax implications will arise only at the time
of sale of such converted shares. In such cases, the capital gains shall be computed as follows:
12.2-3a. Cost of acquisition of shares after consolidation
In the case of consolidation of shares, the cost of acquisition shall be the total amount paid
to acquire the original shares apportioned between the consolidated shares. Let’s understand
this with the help of an example.
Example 2, Mr A acquired 2,000 shares of XYZ Ltd. at its face value of Rs. 100 per share.
Subsequently, the company announces to consolidate 2 shares of face value Rs. 100 per share
into one share having a face value of Rs. 200. After the consolidation, Mr A will hold 1,000
shares of XYZ Ltd. of the face value of Rs. 200 each. The cost of acquisition of such
consolidated shares shall be Rs. 200 per share (Rs. 200,000/1,000).
12.2-3b. Cost of acquisition of shares after the split
Amount paid originally by the investor for acquiring the shares shall be divided
proportionately to the split shares for the purpose of determining the cost of acquisition of
the shares.
Example 3, Mr A purchased 1,000 shares of XYZ Ltd. having face value Rs. 100 for Rs. 150 per
share. Subsequently, the company announces to split its one share of Rs. 100 into two shares
of face value of Rs. 50 each. Now, after splitting up Mr A will hold 2,000 shares having face
value of Rs. 50 each. Cost of acquisition of such shares shall be Rs. 75 per share (Rs.
150,000/2000 shares).
12.2-3c. Period of holding
As referred in para 12.2-3 above, consolidation or splitting of shares does not amount to
transfer and its cost is to be computed with reference to the cost of acquisition of the shares
or stock from which such asset is derived, based on said principle it can be interpreted that
the period of holding with respect to the split/consolidated shares shall be calculated from
the date of acquisition of the original shares.
For other provisions relating to computation of sale consideration, calculation of capital gains
and the rate of tax, refer relevant paragraphs of Taxation of Bonus Shares.
12.2-4. Taxation under the head PGBP
If the shares are held as stock-in-trade, gains will be calculated only at the time of transfer of
such split up or consolidated shares. As per ICDS-VIII (Securities), the shares held as stock-in-
trade shall be recorded in the books at their cost of acquisition.
12.2-4a. Subsequent Valuation
At the end of any previous year, the listed securities, which have been held as stock-in-trade,
shall be valued at actual cost initially recognised or net realisable value at the end of that
previous year, whichever is lower.
For this purpose, the actual cost shall be determined as per the specific identification method.
Under this method, specific costs are attributed to the identified items of securities. If the
application of this method is not practically possible, then the First-In-First-Out method or
Weighted Average method can be applied.
The net realisable value of listed securities, for this purpose, shall be the price at which it is
quoted at stock exchange less estimated cost to be incurred on its sale.
The comparison of actual cost initially recognised and net realisable value shall be done
category-wise and not for each security. For this purpose, securities shall be classified into the
following categories:
a) Shares
b) Debt Securities
c) Convertible Securities
d) Any other securities not covered above
Marked-to-market loss, computed as per this ICDS, arising on the subsequent valuation of
listed securities held as stock-in-trade shall be allowed as a deduction under Section
36(1)(xviii). If the notional loss is not computed in accordance with this ICDS, it shall be
disallowed under Section 40A(13). Whereas if any gain arises due to such valuation, it shall be
taxable as business income under Section 28. All these adjustments shall be made in the
taxable business profits and will be reflected separately in ITR and tax audit report.
The securities, which are not listed or which are listed but not quoted on a recognised stock
exchange, shall be recognised in the books at the actual cost at which it has been recognised
initially. The ICDS does not allow to compute the marked-to-market losses in respect of such
securities. Thus, if any notional gain or loss is recognized by the assessee in the books, it shall
be disallowed by virtue of Section 40A(13).
For other provisions relating to computation of business profits and the rate of tax, refer
relevant paragraphs of Taxation of Bonus Shares.
Example 4, Mr Rishabh purchased 10,000 shares of a company at Rs. 400 per share. These
shares were held by him as stock-in-trade. Subsequently, the company announces to split the
shares from one share having a face value of Rs. 100 each into two shares of Rs. 50 each. He
sold all shares (20,000 shares) at Rs. 207 each. Compute his business income.
Answer
After splitting, the cost of acquisition of a share shall be the amount originally paid by the
investor for acquiring the shares as divided by the number of shares in hand after split-up.
Thus, the cost of acquisition shall be Rs. 200 per share (Rs. 40 lakh/20,000 shares).
As the shares are held as stock-in-trade and sold for Rs. 207 per share, the amount of business
income chargeable to tax in the hands of Mr Rishabh shall be Rs. 140,000 [20,000 shares *
(Rs. 207 – Rs. 200)].
12.3 TAXATION OF BUYBACK OF SHARES

12.3-1. Meaning of buy-back of shares
‘Buy-back’ of shares means the purchase by a company of its own shares in accordance with
the provisions of any law for the time being in force103 relating to companies.
12.3-2. Domestic co. liable to pay tax
As per section 115QA, if a domestic company purchases its own shares under a buyback
scheme, such a company shall be liable to pay tax on the distributed income. On the other
103 SEBI (Buy-Back of Securities) Regulations 2018 and Section 68 of the Companies Act, 2013
hand, the consideration so received by the shareholders under the scheme shall be exempt
from tax under Section 10(34A).
"Distributed income" means the consideration paid by the company on buy-back of shares as
reduced by the amount which was received by the company for the issue of such shares.
Only domestic company shall be liable to pay tax on the amount of distributed income paid
to the shareholders at the time of buy-back of shares (listed or unlisted). However, if a foreign
company pays consideration to buyback shares from its Indian shareholders, the shareholders
shall be liable to pay tax on the amount of capital gains arising from such transfer. The capital
gains, in such a case, shall be computed in accordance with Section 46A.
12.3-3. How much tax is payable by the company?
The domestic company shall be liable to pay tax at the rate of 20% (plus 12% surcharge and
4% cess) of the distributed profit. The effective tax rate shall be 23.296%. The tax payable by
the domestic company under this provision is an additional tax liability that shall be payable
irrespective of the fact that the regular income tax is payable or not payable by the company
on its total income.
12.3-4. Payment of Tax
The tax on the distributed income shall be paid by the company to the credit of the central
government through challan No. ITNS 280 within 14 days from the date of payment of any
consideration.
The above tax shall be the final payment of tax in respect of the income on buy-back of shares
and no credit thereof can be claimed either by the company or by any other person in respect
of the tax paid. Further, no deduction under any other provision of the Act is allowed to the
company or shareholder in respect of income distributed or the tax paid thereon.
12.3-5. Consequences of Default
If the tax on distributed income is not paid within the specified time limit, the company shall
be liable to pay simple interest at the rate of 1% per month (or part of the month) for the
period beginning immediately after the last date on which tax was payable and ending with
the date of actual payment. Also, the principal officer of the company and the company shall
be deemed to be an assessee-in-default for the amount of tax payable.
Example 5, Mr X subscribed 10,000 shares of ABC Ltd. (a domestic company) at the rate of Rs.
100 per share. The issuer co. announced to buyback the shares at Rs. 125 per share. Discuss
the liability in the hands of the company and Mr X.
Answer
(a) Taxability in the hands of Mr X
No income shall be assessable in the hands of Mr X as income arising in the hands of the
shareholder due to buy-back of shares is exempt under section 10(34A).
(b) Taxability in the hands of the company
If a domestic company purchases its own shares under a buy-back scheme, such company
shall be liable to pay tax on distributed income. The computation of tax shall be as follows:
Particulars Amount
Number of shares bought back [A] 10,000
Issue price [B] Rs. 100 per share
Buy-back price [C] Rs. 125 per share
Distributed Income [D=C-B] Rs. 25 per share
Total amount assessable as distributed income [E = D * A] Rs. 250,000
Tax payable by the company [E * 23.296%] Rs. 58,240
12.4 TAXATION OF COMPANIES IN LIQUIDATION

12.4-1. Meaning of Liquidation
The term ‘liquidation’ and ‘winding up’ are used interchangeably. In general terms, winding
refers to the process of ending the business of the company while liquidation means selling
assets of the company and the term dissolution means official extinction of the corporate
person.
In case of liquidation of a company, the assets remaining after payment of all liabilities of the
companies are distributed among the equity shareholders. Such distribution of assets to the
shareholders is not treated as transfer by the company for the purpose of capital gains.
However, the shareholder shall be liable to pay capital gain tax on the market value of the
asset so received as consideration for shares held in the company provided the same is not
deemed as dividend in accordance with the provisions of Section 2(22)(c).
12.4-2. Tax liability in the hands of the co.
As per Section 46, where the assets of a company are distributed to the shareholders on its
liquidation, such distribution is not regarded as transfer by the company. Therefore, no capital
gains arise in the hands of the company on account of any distribution of assets to the
shareholders. However, if the liquidator sells the assets and distributes the cash so realised
to the shareholders, then the company shall be liable to tax on the capital gains arising from
the sale of the assets.
12.4-3. Tax liability in the hands of the shareholders
Any distribution made to the shareholders of a company on its liquidation, to the extent to
which the distribution is attributable to the accumulated profits of the company immediately
before its liquidation, whether capitalized or not, is treated as deemed dividend taxable under
the head income from other sources. It is important to note that any amount distributed over
and above the amount treated as dividend is taxable as capital gains in the hands of the
shareholder. The provisions are equally applicable to a foreign investor as it is income deemed
to accrue or arise in India. In determining the period of holding of shares held in a company
in liquidation, the period subsequent to the date on which the company goes into liquidation
shall be excluded. The capital gains shall be liable to tax in the year in which assets are
distributed to the shareholders.
The capital gains accruing to a shareholder from the distribution of assets by a company in
liquidation is determined in accordance with the following provisions:
Particulars Amount
Sales Consideration (Market Value of asset on date of distribution) xxx
Less:
Amount treated as deemed dividend under Section 2(22)(c) (xxx)
(chargeable to tax under IFOS)
Less:
a) Cost of acquisition/Indexed Cost of acquisition of shares (xxx)
b) Expenditure in connection with transfer (xxx)
Example 6, Mr X acquired 20% shareholding in ABC Ltd. for Rs. 20,00,000 (20,000 shares at
Rs. 100 each) on 01-01-2010. The company went into liquidation on 30-06-2018. The
accumulated profits of the company on the date of liquidation was Rs. 15,00,000. Mr X
received machinery worth Rs. 60 lakhs from the liquidator on 01-05-2021. Discuss the
taxability in hands of the ABC Ltd. and Mr X.
Answer
(a) Taxability in the hands of ABC Ltd.
Where the assets of a company are distributed to the shareholders on its liquidation, such
distribution is not regarded as transfer by the company. Therefore, no capital gains shall arise
in the hands of the company on account of distribution of assets to the shareholders.
(b) Taxability in the hands of Mr X

Any distribution to the shareholders on liquidation of co., to the extent it is attributable to
the accumulated profits of the company, is treated as deemed dividend taxable under the
head income from other sources. In the given example, the accumulated profit of the
company on the date of liquidation was Rs. 15,00,000 and the percentage of shareholding of
Mr X was 20%. Thus, the dividend taxable in the hands of Mr X shall be Rs. 3,00,000 (Rs.
15,00,000 *20%). The remaining amount shall be taxable as capital gains in the hands of
shareholder. The capital gain shall be computed as follows:
Particulars Amount
Sales Consideration (Market Value of asset on date of distribution) 60,00,000

Less: Amount treated as deemed dividend 3,00,000
Less: Indexed Cost of acquisition of shares (20,00,000 * 280/148) [Note] 37,83,784
Long-term Capital Gains (Period of holding 01-01-2010 to 30-06-2018) 19,16,216
As the asset is distributed to Mr X on 01-05-2020, any income arising either in the nature of
dividend or capital gain shall be taxable in the financial year 2021-22.
Note: The Indexed Cost of acquisition is calculated in a two-step process. The first step is to
multiplied by the CII of the year in which capital asset is transferred and divided by CII of the
year in which asset is acquired.
Here, it is to be noted that in determining the period of holding of shares held in a company
in liquidation, there shall be excluded the period subsequent to the date on which the
company goes into liquidation. Thus, the CII of year in which the company goes into
liquidation, that is, year 2018-19 shall be taken as the CII of the year in which asset is
transferred. The indexed cost of acquisition shall be calculated in the following manner:
Indexed Cost of Cost of Acquisition (Rs. CII of the year 2018-19 (280)
= x
Acquisition 20,00,000) CII of the year 2009-10 (148)
12.5 TAXATION OF RIGHTS ISSUES
12.5-1. Meaning of Right Issue
A rights issue is a way of raising additional capital, wherein, instead of going to the public, the
company gives its existing shareholders the right to subscribe to newly issued shares in
proportion to their existing holdings.
12.5-2. Taxability at the time of renunciation of right
In general, the existing shareholders are given a right to acquire shares of the company at a
price which may be lower than the actual market price. There is an option with the
shareholder either to purchase the shares at a given price or renounce his right in favour of
some other investor and collect a fee from him for this purpose.
Any right available to a shareholder to subscribe to shares or any other security of a company
is treated as a ‘capital asset’ under Income-tax Act. Capital gains will arise in the hands of the
shareholder who renounces his right in favour of any other person. Gains and tax thereon
shall be calculated in accordance with the following provisions.
12.5-2a. Cost of acquisition
The cost of acquisition of the rights so renounced shall be nil.
12.5-2b. Period of holding
If such capital asset is renounced in favour of any other person, the period of holding of such
capital asset shall be reckoned from the date of offer made by the company to the date of
renouncement. Such right is deemed as ‘short-term’ if it is held by an assessee for a period of
not more than 36 months, immediately preceding the date of its transfer.
12.5-2c. Sale consideration
The sale consideration shall be the amount received or receivable by the person renouncing
the right.
12.5-2d. Computation of capital gains
Particulars Amount
Less:
- Cost of acquisition (xxx)
- Expenditure in connection with transfer (xxx)
Short-term capital gains xxx
12.5-2e. Applicable tax rates
Such gains are generally in the nature of short-term capital gains, which shall be added to
total taxable income and are chargeable to tax as per tax rate applicable according to the
status of the assessee.
12.5-3. Taxability at the time of sale of shares
12.5-3a. Shares held as capital assets
Capital gains shall arise in the hands of the shareholder at the time of sale of such shares.
Such gains shall be computed as under:
Particulars Amount
Less:
- Cost of acquisition/Indexed Cost of acquisition of shares (xxx)
- Cost of improvement/Indexed Cost of improvement of shares (xxx)
- Expenditure in connection with the transfer (xxx)
Cost of acquisition of the right shares is the price paid by the shareholder for their acquisition.
If assessee buys shares on basis of rights entitlements of an original shareholder, the cost of
acquisition of the rights shares so acquired shall be aggregate of the amount paid by him to
renouncer (original shareholder) and the amount paid by him to the company for acquiring
such rights shares.
The period of holding is reckoned from the date of allotment of such right share or security.
Following periods shall be considered while determining whether the same shall be regarded
as long-term or short-term capital asset.
Type of shares and period of holding Nature of asset
Unquoted shares held for not more than 24 months Short term capital asset
Unquoted shares held for more than 24 months Long term capital asset
Quoted shares held for not more than 12 months Short term capital asset
Quoted shares held for more than 12 months Long term capital asset
For other provisions relating to computation of sale consideration and the rate of tax, refer
12.5-3b. Sale of shares held as stock-in-trade
The profits arising from the transfer of right shares held as stock-in-trade, or from the
renunciation of the right (obtained on basis of original shares held as stock-in-trade), shall be
taxable as business income. Such business income shall be computed as per general
provisions. The cost of acquisition of the rights so renounced shall be deemed to be nil.
Example 7, Mr Paul purchased 1,000 shares of ABC Ltd. on 01-04-2021 at Rs. 500 each. On
01-07-2021 the company announced the right issue in the ratio of 2:1 giving the existing
shareholders a right to purchase the shares at Rs. 250 each. Ascertain the taxability in the
following cases:
(a) Mr Paul renounced his right in favour of Mr X for Rs. 200 per share on 01-08-2021.
(b) Mr Paul exercised his right and the company allotted him 500 right shares as on 01-12-
2021. On the date of allotment of right shares, the face market value of the shares was
Rs. 510. He thereafter sold the shares at Rs. 520 on 25-01-2022. The shares of the
company are listed on stock exchange. Thus, STT was charged at the time of transfer.
(a) Computation of income and tax thereon in case rights are renounced
If Mr Paul has renounced his right to subscribe for shares in favour of any other person. the
capital gain arising from transfer of such right will be computed as follows:
Computation of capital gain on renouncement of right

Particulars Amount
Period of holding (from 01-07-2021 to 31-07-2021) 1 month
Nature of capital gain Short-term capital gain
Full value of consideration (500 shares * Rs. 200) Rs. 100,000
Less: Cost of acquisition Nil
Short-term capital gain Rs. 1,00,000
Tax rate on capital gain Normal tax rates applicable to Mr
Paul
(b) Computation of income and tax thereon in case rights are exercised and shares are
subsequently transferred
12.6 TAXATION IN CASE OF MERGERS &ACQUISITIONS

12.6-1. Meaning of Merger
The term merger and acquisition is not specifically defined under the Income-tax Act. In a
general sense, merger is the voluntary fusion of two companies either by closing the existing
companies and making a new one or by one company absorbing the other company. Quite
often term amalgamation is interchangeably used with mergers.
Computation of capital gain on transfer of right shares
Particulars Amount
Nature of capital gain (held for not more than 12 months) Short-term capital gain
Sale Price (500 shares * Rs. 520 each) Rs. 2,60,000
Less: Cost of Acquisition (500 shares * Rs. 250) Rs. 1,25,000
Short-term capital gain Rs. 1,35,000
†As Mr Paul has paid STT at the time transfer of shares, capital gain shall be chargeable to
tax at the rate of 15% under Section 111A of the Income-tax Act.
Under the Income-tax Act, amalgamation is defined as the merger of one or more companies
with another company or the merger of two or more companies to form one company (the
company which is so merged referred to as the amalgamating company and the company
with which it merges or which is formed as a result of the merger, the amalgamated company)
in such a manner that:
a) All the property of the amalgamating co(s). (‘transferor co.’) immediately before the
amalgamation becomes the property of the amalgamated co. (‘transferee co.’) by virtue
of the amalgamation;
b) All the liabilities of the amalgamating co. immediately before the amalgamation become
the liabilities of the amalgamated co. by virtue of the amalgamation;
c) Shareholders holding not less than 75% in value of the shares in the amalgamating co.
(other than shares already held therein immediately before the amalgamation by, or by a
nominee for, the amalgamated co. or its subsidiary) become shareholders of the
amalgamated co. by virtue of the amalgamation.
The amalgamation should be otherwise than as a result of the acquisition of the property of
one company by another company pursuant to the purchase of such property by the other
company or as a result of the distribution of such property to the other company after the
winding up of the first-mentioned company.
12.6-2. Taxability at the time of allocation of shares
In case such shares are held as capital asset, there will be no tax implication in the hands of
the shareholder at the time of allotment of shares of the amalgamated company in lieu of
shares held as capital asset in the amalgamating company as such transfer is not regarded as
transfer as per Sec 47(vii) provided the amalgamated company is an Indian company.
However, where such shares are held as stock-in-trade, income arising at the time of such
exchange shall be taxable under the head profit and gains from business or profession. ICDS
VIII provides that where security is acquired in exchange for other securities, the fair value of
the security so acquired shall be its actual cost. Applying the same principle, it can be
concluded that income arising from such conversion shall be computed by treating the fair
value of security so acquired as sale consideration of the securities given up. Thus, income
arising from such conversion shall be computed as follows:
Particular Amount
FMV of securities acquired in Amalgamating company xxx
Less: Actual Cost of shares acquired in Amalgamated company (xxx)
Less: Other expenses (if any) (xxx)
Income taxable under the head PGBP xxx
12.6-3. Taxability at the time of transfer of shares
If the shares acquired in the amalgamated co. are held as a capital asset, the profits from its
transfer shall be taxable under the head capital gains. On the other hands, if such shares are
held as stock-in-trade, the profit or losses arising from the transfer shall be taxable under the
head profits and gains from business or profession.
12.6-3a. Shares held as capital assets
The capital gains from the transfer of shares acquired in the amalgamated company shall be
computed as per general provisions. The cost of acquisition of the shares acquired in the
amalgamated company shall be the amount paid by the shareholder at the time of acquisition
of original shares of the amalgamating company. The period of holding is reckoned from the
date of acquisition of original shares in the amalgamating company.
For other provisions relating to computation of sale consideration and the rate of tax, refer
12.6-3b. Shares held as stock-in-trade
The gains or loss from the transfer of shares acquired in the amalgamated company shall be
computed as per general provisions. Fair value of securities acquired under the scheme of
amalgamation, i.e., shares of amalgamated company, shall be treated as actual cost of such
securities while determining such income. For provisions relating to computation of business
profits, refer relevant paragraphs of Taxation of Bonus Shares.
Example 8, Mr X purchased 10,000 shares of A Ltd on 01-04-2019 for Rs. 58 each for
investment purpose. With effect from on 01-07-2019, A Ltd. amalgamated with B Ltd. to form
a new company AB Ltd. Mr X was allotted 8,000 shares in the newly amalgamated company.
He sold the shares of the amalgamated company for Rs. 100 per share on 01-06-2021. The
shares of AB Ltd. are listed on a recognized stock exchange and STT was charged at the time
of transfer. Compute his income and tax thereon.
Particulars Amount
Nature of capital gain (held for more than 12 months) Long term capital gain
Sale Price (8,000 shares * Rs. 100 each) Rs. 800,000
Less: Cost of acquisition of shares in the amalgamating co. Rs. 580,000
(10,000 shares * Rs. 58)
Long-term capital gain Rs. 220,000
†As Mr X has paid STT at the time transfer of units, capital gain shall be chargeable to tax at
the rate of 10% under section 112A of the Income-tax Act on the gains that exceed Rs.
1,00,000. It is irrespective of the fact that STT is paid at the time of acquisition or not as
CBDT vide Notification No. SO 5054(E), dated 1-10-2018, has exempted the condition of
payment of STT at the time of acquisition in respect of listed shares acquired by any mode
of transfer referred under Section 47.
12.7 TAXATION IN CASE OF STOCK LENDING AND BORROWING
12.7-1. Meaning of Stock Lending and Borrowing
Stock Lending and Borrowing (‘SLB’) is a system wherein a person can lend his securities to a
borrower through an approved intermediary for a specified period with the condition that
the borrower would return equivalent securities of the same type or class at the end of the
specified period along with all the corporate benefits which have accrued on securities (e.g.,
dividend) during the period of borrowing. It is temporary lending of securities executed by a
lender to a borrower, for a stipulated duration, for a certain fee. The lending and borrowing
of securities are regulated by the SEBI through the Securities Lending Scheme, 1997.
12.7-2. How does this scheme work?
The framework for Securities Lending and Borrowing (SLB) was specified by SEBI104. As per the
circular, all market participants (including retail or institutional) in the Indian securities market
are permitted to lend and borrow securities through an Authorized Intermediary (AI). Clearing
corporation of NSE and BSE are approved as an Intermediary for this purpose.
The SLB takes place on an automated, screen-based, order-matching platform provided by

the AIs which shall be independent of the other trading platforms. Further, only the securities
traded in the F&O segment and liquid Index Exchange Traded Funds (ETFs)105 are eligible for
lending and borrowing under the scheme. The SLB contracts can be of different tenures
ranging from 1 day to 12 months. But usually, they are entered for 1 month and the lender or
104 Circular No.MRD/DoP/SE/Dep/Cir-14/2007 dated December 20, 2007 as amended from time to time
105 Introduced vide Circular No. MRD/DP/30/2012, dated 22-11-2012
borrower is allowed to roll over the contract but the total duration of the contract after taking
into account rollovers shall not exceed 12 months from the date of the original contract.
The process of lending and borrowing of securities is as follows:
1) Lender and borrowers place an order with intermediary mentioning the stock, quantity to
lend or borrow, time period, and lending fees. Thereafter, order matching takes place
similar to trading on an exchange.
2) The lender is required to deposit 25% of the lending price (i.e., the total value of the stock)
as a margin. If the lender lends securities on the date of the transaction itself, no margin is
required to be deposited.
3) The borrower is required to deposit 100% of the lending price, lending fee, value at risk
margins and extreme loss margins on an upfront basis and, thereafter, daily mark to market
margin (MTM) is collected.
4) At the end of the contract, the lender gets back the stock and borrower margins are
released. If the borrower fails to return the securities, the AIs shall have the right to
liquidate the collateral deposited with it, in order to purchase from the market, the
equivalent securities of the same class and type for the purpose of returning the equivalent
securities to the lender.
12.7-3. Benefit of SLB to borrower and lender
The benefit of SLB for the lender is that it provides an incremental return on an idle portfolio.
A person holding shares of a company with an intent to hold them for the long-term may earn
an additional return in form of lending fees by lending such shares to the borrower for the
short-term.
Whereas, a borrower can borrow securities to cover his short-positions, avoid settlement
failure or for arbitrage or hedging strategies.
For example, if the futures of a stock is trading at a discount, then a borrower can take
advantage of SLB by selling the borrowed stock at spot price and buying stock futures.
12.7-4. Taxability in hands of lenders
Lenders can earn additional income from the idle portfolio held as they receive a certain fee
to lend the stock, depending upon the demand and time value.
Any lending of scrips or security is not treated as exchange even if the lender does not receive
back the same distinctive numbers of scrip or security certificate. The transaction of lending
of shares or any other security under the securities lending scheme would not result in
‘transfer’ for the purpose of invoking the provisions relating to capital gains under the
Income-tax Act pursuant to section 47(xv) of the Act. The department has also clarified106 that
transactions done in the SLB segment will not be treated as transfer.
However, the fee earned from lending business shall be taxable under the head ‘profits and
gains from business or profession’ or ‘Income from other sources’.
12.7-5. Taxability in hands of borrowers
The borrower purchases the stocks with the objective of selling them. Hence, any gains or
losses arising to the borrower from the sale of such shares shall be taxable under the head
capital gains or PGBP, as the case may be. The fee paid by the borrowers may be claimed as
a deduction while computing the income under capital gains or PGBP.
Example 9, In December 2021, Mr A lends 10,000 shares of XYZ Ltd. for one month. He
receives the lending fee of Rs. 200,000 (Rs. 20/share * 10,000 shares). As per terms of the
contract, Mr A gets back his shares on the first Thursday of the month of Jan’2022. He paid
transaction charges of Rs. 2,000 for lending of securities. Compute the amount of income
chargeable to tax in hands of Mr A.
Answer
The fee earned from the lending of securities shall be taxable under the head ‘profits and
gains from business or profession’ if the assessee is in the business thereof otherwise income
shall be taxable under the head ‘income from other sources’. The assessee can claim the
deduction of the expenses incurred to earn such income.
Thus, in the given example, the amount of income taxable in the hands of Mr A shall be Rs.
1,98,000 (Rs. 2,00,000 – Rs. 2,000).
Example 10, Mr B borrowed 10,000 shares of Reliance Ltd. on 01-06-2021 at a lending fee of
Rs. 5 per share. On the said date, the share of Reliance Ltd. was trading at stock market at Rs.
1,600 per share. Mr B short-sell 1 lot of 10,000 shares at Rs. 1,600 in anticipation of a decrease
in the share price. In order to hedge his position and avoid settlement risk, he bought the call
option of Reliance Ltd. (1 lot of 10,000 shares) with an exercise price of Rs. 1,600 at a premium
of Rs. 30 per share.
The expiry of the derivatives contracts (i.e., futures and options) of the month of June 2021
was 24-06-2021 and Mr B has to return the shares to the lender on the first Thursday of July
2021, i.e., 01-07-2021.
106Circular No. 2/2008, dated 22-02-2008

Compute the amount of income or loss arising to Mr B in the following situations:
(a) If on the date of expiry (24-06-2021) the share price of Reliance Ltd. came down to Rs.
1,500 as anticipated by Mr B. He squared off his short position at Rs. 1,500. Further, the
call option that he purchased for the purpose of hedging was transferred at Rs. 10 per
share.
(b) If on the date of expiry (25-06-2021) the share price of Reliance Ltd. increased to Rs. 1,700.
As Mr B did not anticipate the increase in share price, he exercised the call option to take
delivery of 10,000 shares to return them to the lender. The shares so borrowed by him
were used to settle the short-position he made in Reliance Futures.
Answer
(a) Situation 1: Share price of Reliance Ltd. reduced to Rs. 1,500
The income or loss arising to Mr B shall be computed as follows:
Particulars Amount
Futures
- Profit of Rs. 100 per share arising after squaring off the short- 10,00,000
position made at Rs. 1,600 per share [10,000 shares * (Rs. 1600 –
Rs. 1500)]
Call Option
- Loss of Rs. 20 per share arising on transfer of call option at Rs. 10 (-) 200,000
per share [10,000 shares * (Rs. 30 – Rs. 10)]
Lending Fees of Rs. 5 per share paid to borrow 10,000 shares (-) 50,000
Net Profit 7,50,000
Tax rate Normal slab rate
(b) Situation 2: Share price of Reliance Ltd. increased to Rs. 1,700
The income or loss arising to Mr B shall be computed as follows:
Particulars Amount
Call option premium (10,000 shares * Rs. 30 per share) 300,000
Lending Fees (10,000 shares * Rs. 5 per share) 50,000
Total Loss 3,50,000
12.8 TAXATION IN CASE OF CONVERSION OF PREFERENCE SHARES INTO EQUITY
SHARES
As per Section 2(47) of the Income-tax Act, ‘transfer’ includes the exchange of assets. When
two persons mutually transfer the ownership of one thing for the ownership of another, and
none of them is money, this transaction is treated as ‘exchange’. Any conversion of an asset
into another asset is an ‘exchange’. It falls within the definition of transfer, and, consequently,
the capital gain tax shall be charged on such transfer.
However, the Income-tax Act has specifically excluded certain types of transfer from the
scope and meaning of the word ‘transfer’ in relation to a capital asset. Consequently, no
capital gain shall arise on such transfer. These transactions are specified in Section 47 of the
Act. The transaction of conversion of preference shares into equity shares has been excluded
from the scope of transfer.
Section 47(xb) provides that any transfer by way of conversion of preference shares of a
company into equity shares of that company would not amount to transfer. However, when
a person subsequently sells equity shares, the cost of acquisition thereof shall be the same as
that of the preference share. Further, the period of holding of equity shares shall be reckoned
from the date of acquisition of the preference shares.
Example 11, Mr X acquired 20,000 preference shares of ABC Ltd. on 01-01-2010 at Rs. 10
each. The preference shares are converted into equity share on 01-01-2022 at a convertible
ratio of 2:1 (1 equity share for every 2 preference shares). As a result, Mr X is allotted 10,000
equity shares of ABC Ltd. The fair market value of the equity share on the date of conversion
is Rs. 25 per share. Mr X sold the shares on 25-03-2022 for Rs. 35 per share. Securities
Transaction Tax (STT) was paid at the time of transfer of shares. What shall be the tax
implications in the hands of Mr X in this case?
Answer
(a) Tax implication in case of conversion of preference shares into equity shares of the
company on 01-01-2022
As per Section 47(xb) of the Income-tax Act, conversion of preference shares of a company
into equity shares of that company is not treated as transfer. Thus, no capital gain shall arise
on the conversion of preference shares into equity shares.
(b) Tax implication on transfer of equity shares on 25-03-2022

The cost of acquisition of the equity shares of ABC Ltd. acquired on the conversion of the
preference shares, shall be the same as that of those preference shares. Further, the period of
holding of equity shares shall be reckoned from the date of acquisition of the preference
shares.
The capital gain arising on transfer of equity shares shall be computed in the financial year
2021-22 in the following manner:
Computation of capital gain on transfer of equity shares

Particulars Amount
Nature of capital gain (Period of holding is more than 12 months) Long-term capital gain
Full value of consideration (10,000 equity shares * Rs. 35) [A] 350,000
Less: Cost of acquisition (20,000 preference shares * Rs. 10) [B] 200,000
Long-term capital gain [C = A - B] 150,000
Tax rate on capital gain in excess of Rs. 100,000 10%†
†As STT has been paid at the time transfer of shares and acquisition is made by mode of
transfer referred to in Section 47, long-term capital gain in excess of Rs. 100,000 shall be
chargeable to tax at the rate of 10% under Section 112A of the Income-tax Act.
12.9 TAXATION IN CASE OF CONVERSION OF STOCK INTO CAPITAL ASSET

Section 28(via) of the Income-tax Act provides that where the inventory of a business is
converted into or treated as a capital asset, the income from such conversion shall be taxable
under the head ‘profit and gains from business or profession’. While determining such
income, the FMV of the inventory on the date of conversion shall be considered.
12.9-1. Valuation of fair market value of stock on the date of conversion
Where shares or securities held as stock-in-trade are converted into capital asset then the fair
market value of such shares or securities on the date of conversion is determined in the
following manner:
12.9-1a. Valuation of quoted shares and securities
If shares and securities are listed on any recognized stock exchange, the fair market value of
such shares and securities shall be the lowest price of such shares and securities quoted on
any recognized stock exchange on the date of conversion.
Where on the date of conversion there is no trading in such shares and securities on any
recognized stock exchange, the fair market value shall be the lowest price of such shares and
securities on any recognized stock exchange on a date immediately preceding the date of
conversion when such shares and securities were traded on such stock exchange.
12.9-1b. Valuation of unquoted equity shares
The fair market value of unquoted equity shares shall be determined as per the following
formula.
Paid-up value of such equity shares

Book Value of Book Value of
(less) x Total amount of paid-up equity share capital as
Assets Liabilities
shown in the balance-sheet
Book value of assets: The value of certain assets to be included in the book value of assets
shall be determined as per the following provisions:
(a) Value of Jewellery and artistic work as it would fetch in the open market on basis of
valuation report obtained from a registered valuer;
(b) Value of shares and securities shall be the fair market value determined in the manner
provided in Rule 11UA of the Income-tax Rules, 1962; and
(c) Value of immovable property shall be the value adopted by the authorities for payment
of stamp duty in respect of such property.
(d) The book value of assets shall not include the following:
 Amount of pre-paid taxes (i.e., TDS, TCS, Advance tax) as reduced by the amount of
 Any amount shown in the balance sheet as an asset that does not represent the
value of any asset (i.e., unamortized amount of deferred expenditure, deferred tax
asset, etc.)
Book value of liabilities: The book value of liabilities shall not include the following:
(a) Paid-up capital in respect of equity shares;

(b) Amount set aside for payment of dividend on preference shares and equity shares if such
of the company;
(c) Reserves and surplus (even if the resulting figure is negative) other than those set apart
(d) Excess provision for tax (including deferred tax liability)
(e) Provisions for unascertained liabilities;
(f) Contingent Liabilities.
Example 12, in the year 00, XYZ Pvt. Ltd. issued 10,000 shares having face of Rs. 10 each to
Mr A at Rs. 120 per share. Book value of the assets and liabilities were as follows:
Creditors 10,00,000
Land and building (Stamp Duty Value Rs. 75,00,000) 60,00,000
Jewellery (Fair Market value Rs. 17,00,000) 15,00,000
Furniture 4,00,000
Computer and other equipments 2,50,000
Paintings (Fair Market Value Rs. 90,000) 1,00,000
Add/(Less): Adjustment of difference between book value and Fair Market
Value
Land and building 15,00,000
Jewellery 2,00,000
Paintings (10,000)
Less:
Share Capital (1,00,00,000)
Reserves (10,00,000)
Provision for tax (5,00,000)
Contingent liabilities (7,50,000)
Paid up value of equity shares held by Mr. A [D = 10,000 * 10] 1,00,000
Total amount of paid-up equity share capital [E] 1,00,00,000
Fair market value per share [F = E / 10,000] 13.39
12.9-1c. Valuation of unquoted shares or securities (other than equity shares)
The fair market value of unquoted shares and securities (other than equity shares) in a
company shall be estimated to be the price it would fetch if sold in the open market on the
date of conversion and the assessee may obtain a report from a merchant banker or an
accountant in respect of such valuation.
12.9-2. Determination of cost of acquisition of converted asset
Where a stock-in-trade is converted into or treated as capital asset, fair market value of the
stock on the date of conversion which has been taken into consideration for the purpose of
determining the business income shall be considered as the cost of acquisition of the
converted capital asset.
12.9-3. Period of holding of converted asset
Where a stock-in-trade is converted into or treated as capital asset, the period of holding of
converted capital asset shall be reckoned from the date of the conversion or treatment as a
capital asset.
Example 13, XYZ Ltd. was holding 10,000 quoted shares having book value of Rs. 200 each as
stock-in-trade. On 01-09-2004, it converted 5,000 shares into capital asset. The lowest price
of such share on the recognised stock exchange on the date of conversion was Rs. 219 per
share. Such converted shares were transferred on 31-03-2022 for Rs. 250 each and STT paid
at the time of transfer. Discuss the tax implications in hands of XYZ Ltd.
Computation of Business Income
Particulars Amount
FMV of shares on the date of conversion (5,000 * Rs. 219) [A] 10,95,000
Book value of shares converted (5,000 * Rs. 200) [B] 10,00,000
Income taxable under the head PGBP [C = B - A] 95,000

Particulars Amount
Period of holding (from 01-09-2004 to 30-03-2022) 18+ years
Nature of capital gain (held for more than 12 months) Long-term capital gain
Sale price (5,000 * Rs. 250) [A] 12,50,000
Cost of Acquisition (5,000 * Rs. 219) [B] 10,95,000
Long-term capital gain [C = A - B] 1,55,000
Applicable tax rate under Section 112A 10%*
*As conversion has taken place before 01-10-2004, requirement as to payment of STT has
been exempted vide Notification No. SO 5054(E), dated 1-10-2018, thus, long-term capital
gain in excess of Rs. 100,000 shall be chargeable to tax at the rate of 10% under Section
112A of the Income-tax Act even if no STT has been paid at the time of acquisition and
transfer of shares.
12.10 TAXATION IN CASE OF SEGREGATED PORTFOLIOS OF MUTUAL FUNDS
The SEBI107 has permitted creation of a segregated portfolio of debt and money market
instruments by Mutual Fund Schemes. As per the SEBI circular, all the existing unitholders in
the affected scheme as on the day of the credit event shall be allotted an equal number of
units in the segregated portfolio as held in the main portfolio. However, the SEBI has
permitted the creation of a segregated portfolio of unrated debt or money market
instruments by mutual fund schemes of an issuer that does not have any outstanding rated
debt or money market instruments, subject to the conditions specified in the circular.108 On
segregation, the unit holders come to hold the same number of units in two schemes - the
main scheme and the segregated scheme.
Taxability of income arising from transfer of units of the segregated portfolio shall be similar
as in the case of normal mutual funds (refer para 5.8.). However, the period of holding and
cost of acquisition of these units shall be computed as follows.
In the case of a capital asset, being units in a segregated portfolio, the period for which the
original units were held in the main portfolio is also included in the period of holding of the
units acquired in the segregated portfolio.
Example 14, Mr X acquired units in the main portfolio on 01-06-2020. He was allotted units
in the segregated portfolio on 01-04-2021. The period of holding of the units in the segregated
portfolio shall be reckoned from 01-06-2020.
Where a mutual fund segregates the portfolios, the cost of acquisition of units in the
segregated portfolio shall be computed as follows:
Net asset value of the asset
transferred to the
Cost of acquisition X
Cost of acquisition of segregated portfolio
of units in
= units in the total
segregated
portfolio Net asset value of the total
portfolio
portfolio immediately before
the segregation of portfolios
Further, the cost of acquisition of these units shall be reduced from the cost of acquisition of
units held in the main portfolio.
107 Circular SEBI/HO/IMD/DF2/CIR/P/2018/160, dated 28-12-2018

108 Circular SEBI/HO/IMD/DF2/CIR/P/2019/127, dated 07-11-2019
Example 15, Mr X acquired 1,000 units of a mutual fund on 01-04-2020 at Rs. 15 per unit. The
mutual fund segregated the portfolio on 01-06-2021 and allotted 1,000 units of the
segregated portfolio to Mr X whose net asset value (NAV) is Rs. 2 per unit. The NAV of the
total portfolio on 31-05-2021 was Rs. 12 per unit. Compute the cost of acquisition of units of
main portfolio and segregated portfolio after segregation of the portfolios.
Answer
The cost of acquisition of units in the segregated portfolio shall be computed as follows:
NAV of the asset transferred
X to the segregated portfolio
[Rs. 2 per unit]
Cost of acquisition Cost of acquisition of
NAV of the total portfolio
of units in units in the total
= immediately before
segregated portfolio [1,000 units
segregation of portfolios [Rs.
portfolio * Rs. 15 per units]
12 per unit]
Thus, the cost of acquisition of units in a segregated portfolio shall be Rs. 2,500 and cost per
unit shall be Rs. 2.5 per unit (Rs. 2,500/1000 units).
The cost of acquisition of units in main portfolio shall be Rs. 12,500 [i.e., Original cost of
acquisition (Rs. 15,000) minus Cost of acquisition of units in segregated portfolio (Rs. 2,500)].
12.11 TAXATION IN CASE OF CONSOLIDATION OF MUTUAL FUND SCHEME OR

PLANS
Any transfer of units held by a unit-holder in the consolidating scheme of a mutual fund in
consideration of allotment of units in the consolidated scheme of the mutual fund shall not
be treated as transfer. The exemption is available provided the consolidation is of two or more
schemes of an equity-oriented fund or two or more schemes of a fund other than an equity-
oriented fund.
Similarly, any transfer of units held by a unit holder in the consolidating plan of a mutual fund
scheme in consideration of allotment of units in the consolidated plan of that scheme shall
not be treated as transfer.
Where such units are further transferred, the taxability will be similar as in case of normal
mutual funds (refer para 5.8.). However, the period of holding and cost of acquisition of these
units shall be computed as follows.
Where units of a mutual fund become the property of the assessee in the consolidation
scheme of a mutual fund, the period for which the units were held under consolidating
scheme is also included in the period of holding of units acquired.
Where units of the consolidated plan become the property of the assessee in the
consolidation of the plans within the scheme of a mutual fund, the period for which the unit
or units were held under consolidating plan within the scheme is also included in the period
of holding of units acquired.
Where units in a consolidated scheme of mutual fund became the property of the assessee
in consideration of transfer of any units, held by him in the consolidating scheme of a mutual
fund, the cost of acquisition of such units is deemed to be the cost of acquisition of the units
held by him in consolidating scheme of the mutual fund.
Similarly, where units in a consolidated plan of mutual fund became the property of the
assessee in consideration of any transfer of units, held by him in the consolidating plan of the
same mutual fund, the cost of acquisition of such units is deemed to be the cost of acquisition
of the units held by him in consolidating plan of the mutual fund.
Review Questions:
1. Which one of these is true with respect to Stock Split or Stock Divide?
(a) Process of dividing outstanding shares into smaller shares

(b) Stock Split or Stock Divide increases number of shares in the company
(c) Market Cap remains the same
(d) All of these
2. Which is true in case of liquidation of the company?
(a) All the liabilities are paid off first

(b) Remaining assets are distributed among the equity shareholders
(c) Such distribution of assets not treated as transfer for capital gains
(d) All of these
3. Amongst the following, which are the key characteristics of Rights Issue?
(a) Raise additional capital

(b) Offered to existing shareholders
(c) Offered in proportion to existing shares
(d) All of these
4. Which one of these is/are true regarding Securities Lending and Borrowing (SLB)?
(a) SLB executed on automated, screen-based, order-matching platform

(b) Securities traded in F&O segment and liquid Index Exchange Traded
Funds (ETFs) are eligible
(c) Both (a) and (b)
Chapter 13: INDIRECT TAXES IN SECURITIES MARKETS
 Goods and Services Tax
The aim of this chapter is to discuss and provide an understanding of the concepts of Goods
and Services Tax (‘GST’) applicable in Securities Markets. This chapter has been compiled
keeping in mind the Central Goods and Services Tax Act, 2017 (‘CGST Act’) and the Integrated
Goods and Services Tax Act, 2017 (‘IGST Act’). Ordinarily, the provisions, procedures and rules
are similar across the States, however, there are some State-specific exception. The present
commentary does not cover such exceptional situations.
13.1 INTRODUCTION ABOUT THE GOODS AND SERVICES TAX
The GST is comprehensive indirect taxation that is levied on the supply of goods or services
or both at the national level. This new indirect tax has subsumed multiple indirect taxes, inter-
alia, Services-tax, VAT, Central Excise Duty, Additional Customs Duty, Special Additional
Customs Duty, Entertainment Tax, Octroi, Entry Tax, Luxury Tax, etc.
GST is payable by any person making taxable supplies of goods or services or both and whose
turnover on a pan-India basis exceeds the threshold limit. This threshold limit is Rs. 20 lakhs
(10 lakhs in case of special category States) if the supplier is engaged in the business of supply
of services or supply of both goods and services. If a supplier is engaged only in the supply of
goods, the threshold limit shall be Rs. 40 lakhs (20 lakhs in case of special category States).
Under GST, generally, the supplier of goods or services is liable to pay GST to the Govt. This
mechanism is referred to as forward charge of tax (forward charge mechanism). However, in
few cases, the recipient is liable to pay GST and this mechanism is referred to as reverse
charge mechanism. The supplies on which GST is required to be paid by the recipient on
reverse charge basis are notified by the Govt. either under Section 9(3) or Section 9(4) of the
CGST Act and respective State GST Acts. The services of lending of securities, under Securities
Lending Scheme, 1997, by the lender is subject to reverse charge. In this case, the borrower
of security is liable to pay GST.
GST is levied on all taxable supply of goods and services except the supply of alcoholic liquor
for human consumption and specified petroleum products. GST is leviable at each point of
supply goods or services. The supplier of goods or services is entitled to claim credit of input
tax except specifically ineligible credit or if it is towards exempt supplies of GST paid by him
to the vendor on procurement of goods or services. The Central GST (CGST) and State GST
(SGST) shall be levied on intra-state supply and Integrated GST (IGST) shall be levied on inter-
state supply of goods or services.
13.2 GST IMPLICATION ON MUTUAL FUNDS
The definition of ‘Goods’ and ‘Services’ under the CGST Act specifically excludes money and
securities from its purview. The term ‘Securities’ shall have the same meaning as assigned to
it in the Securities Contracts (Regulation) Act, 1956 (‘SCRA’).
As per the Securities Contracts (Regulation) Act, 1956, ‘securities’ include units or any other
such instrument which is issued to the investors under any mutual fund scheme. However,
Explanation to Section 2(h) of SCRA provides that ‘securities’ shall not include any unit-linked
insurance policy (‘ULIP’) or scrips or any such instrument or unit, by whatever name called,
which provides a combined benefit-risk on the life of the persons and investment by such
persons. Therefore, ULIPs will not be considered securities.
It is clear from the above discussion that mutual funds (except ULIPs) would be treated as
securities under GST and securities have been specifically excluded from the definition of
goods as well as services. Thus, the transaction in mutual fund units would not be liable to GST.
Moreover, there will be no GST on the purchase or sale of Mutual Funds or any profit earned
from the sale of mutual funds.
However, exit load in the form of a fee (whether or not as a fixed percentage of the investment)
is liable to GST. Even if the exit load is in the form of units in the fund, it may be concluded that
the consideration towards exit load received in money was later converted to NAV units and,
thus, liable to GST.
Further, dividend received by an individual from Mutual Funds would not be subject to GST for
being transaction purely in money and not towards the supply of any good or service.
13.3 GST IMPLICATION ON MUTUAL FUND DISTRIBUTOR
A mutual fund distributor is a person responsible for marketing and selling the units of a mutual
fund company. In simple language, a mutual fund distributor is a person who arranges or
facilitates the supply of mutual funds between the buyer of mutual funds and the Mutual Fund
Company.
As per the provisions of Section 2(13) of the IGST Act, ‘intermediary’ means a broker, an agent
or any other person, by whatever name called, who arranges or facilitates the supply of goods
or services or both, or securities, between two or more persons, but does not include a person
who supplies such goods or services or both or securities on his account.
A distributor earns a commission for bringing in investors into the mutual fund schemes. He
acts as a mediator between the Mutual Fund Company and the buyer of mutual fund units. As
discussed above, mutual funds are covered under ‘securities’, therefore, mutual fund
distributor would qualify as an ‘intermediary’ under the GST legislation.
13.3-.1. GST Rate and HSC Code
To facilitate transparency, all goods and services have been given a separate HSN Code
respectively. As a general rule, all services are subject to GST except where specific exemption
has been provided. For services relating to the supply of mutual fund units by mutual fund
distributors, the rate of GST shall be 18 per cent and HSN would be 9971.
However, if the turnover (i.e., Commission income and other income from the business, if any)
of the Mutual Fund Distributor is up to 50 lakhs in the preceding financial year, he has an option
to opt for the composition scheme of the service provider. In such a case, he shall be liable to
pay 6 per cent GST and neither he would be entitled to claim an input tax credit of GST paid by
him on procurement of goods or services nor the recipient can avail input tax credit of GST
charged by the distributor.
13.3-.2. Registration
A person is required to take GST registration if the value of services rendered by him on a pan-
India basis exceeds Rs. 20 lakhs (10 lakhs in case of special category States) except in a few
cases where registration is must, inter-alia, non-resident taxable persons making taxable
supply, liability to pay GST on a reverse charge basis, etc. Therefore, if Mutual Fund Distributor
is not covered in the special cases, it would be required to obtain registration where his
turnover (i.e., Commission and other income from the business, if any) exceeds Rs. 20 lakhs on
a pan-India basis.
13.3-.3. Place of Supply
As discussed above, in respect of the intra-state supply of goods or services, CGST and SGST
are levied and for inter-state supply, IGST is levied. Whether the supply of service is inter-state
or intra-state is decided on the basis of the following two factors:
(a) Location of supplier of service; and

(b) Place of supply of service
If the location of supplier and place of supply both are in the same State, the transaction is
referred to as intra-state supply. On the other hand, where the location of the supplier and
place of supply are in different states, the supply is referred to as inter-state supply.
As per Section 12(12) of the IGST Act, 2017, the place of supply of banking and other financial
services to any person shall be the location of the recipient of services on the records of the
supplier of services. The address available on the records of the Bank or Financial Institution
or Stock-Broker, which is ordinarily used for communication with the customer, may be
considered as the ‘Place of Supply’.
Therefore, the place of supply for services provided by distributors would be the location of
the service recipient. The recipient of the service would be the person with whom the
distributor has executed the contract. In case, the location of recipient of services is not on the
records of the supplier, the place of supply shall be the location of the supplier of services.
If the location of the recipient is outside India, the place of supply shall be the location of the
supplier of services.
13.3-.4. Time of Supply of Services
The liability to pay tax on supply of services shall arise at the time of supply of services, which
shall be earlier of the following:
a) Date of supply of service, if the invoice is not issued within 30 days of supply of service;
b) Date of invoice, if the invoice is issued within 30 days of supply of service;
c) Date of receipt of payment in the bank account; or
d) Date of receipt of payment as recorded in books.
Example 1, P of Delhi invested Rs. 10,000 in the ABC mutual funds of AMC Limited through XYZ
mutual fund distributor of Mumbai (already registered under GST) on 1st April. The XYZ mutual
fund distributor raised the invoice of Rs. 100 on 3rd April on P for its services. The distributor
has also earned a commission of Rs. 150 from ABC mutual fund.
AMC Limited has declared a dividend of 2% on ABC Mutual Funds in July and Mr P has received
his share of dividend of Rs. 200. These units are sold by P at Rs. 11,000 on 10 th August.
Answer
(a) GST implications in the hands of Mr P
The sale and purchase of security would have no GST implications as this qualify as a
transaction in securities. The dividend of Rs. 200 is also not subject to GST as this would qualify
as transaction in money. The service charges of Rs. 100 charged by distributor will be
chargeable to IGST in the hands of distributor, for being inter-State supplies, at the rate of 18%.
The GST charged would become cost in the hands of Mr P
(b) GST implications in the hands of XYZ mutual fund distributor

The time of supply of services would be 3rd April, that is, the date of issue of invoice issued
within 30 days from supply of service. The place of supply would be Delhi which is the location
of recipient and accordingly, IGST at the rate of 18% will be charged on Rs. 100. The
Commission charged from AMC Limited of Rs. 150 would also be subjected to GST.
13.4 GST IMPLICATION ON BROKING BUSINESS
Stock-brokers arrange the supply of securities between two or more persons. Like mutual fund
distributors, stockbrokers would be treated as ‘intermediary’ for the purpose of GST.
Brokerage earned by the stockbrokers from the broking business is subject to GST.
13.4-.1. Calculation of brokerage amount for GST
If the brokerage amount to be charged by the stock-brokers is inclusive of GST, the GST amount
shall be calculated on the gross brokerage earned by the broker as per the following formula:
a) IGST = Gross Brokerage * (18/118)

b) CGST = Gross Brokerage * (9/109)
c) SGST = Gross Brokerage * (9/109)
13.4-.2. GST Rate, HSN-Code, Registration, Place of Supply and Time of Supply
The provisions relating to GST rate, HSN-code, Registration, Place of Supply and Time of Supply
will be similar to Mutual Fund distributor. See Para 13.3 to know about these concepts.
13.4-.3. Advance amount received from clients
If a client provides funds/securities to the stock-brokers in advance for the potential

orders/trades, such advances will fall in the category of deposit and will not be considered as
payment for supply of service. Deposit of money shall not be charged to GST until the
stockbroker applies such deposit as a consideration in his books of accounts towards the
supply of broking services.
13.5 GST IMPLICATION ON PMS, INVESTMENT ADVISER
Portfolio managers manage or administer a portfolio of securities or funds of the client. An

investment advisor provides advice relating to an investment in securities or investment
products for the benefit of the client. There is a hairline difference between services rendered
by portfolio managers and investment advisors. Portfolio managers create and maintain an
investment account while investment advisors create a plan of action for the benefit of clients.
Services of portfolio management or investment advice to the customers for consideration in

the form of fee or commission qualify as ‘supply of service’ and liable to GST.
13.5-.1. GST Rate and HSN-Code
The HSN-code 997153 includes services relating to managing portfolio of others, on a fee or
commission basis, except for pension funds. Portfolio management services are taxable at the
rate of 18 per cent GST.
The HSN-code 997156 includes financial advisory services, market analysis and intelligence.
Services rendered by investment advisors are taxable at the rate of 18 per cent.
13.5-.2. Registration, Place of Supply and Time of Supply
The provisions relating to GST rate, HSN-code, Registration, Place of Supply and Time of Supply
will be similar to Mutual Fund distributor. See Para 13.3 to know about these concepts.
13.6 GST IMPLICATIONS ON REITS, INVITS, AIF AND ANY OTHER MARKET
INTERMEDIARY
The structure of Real Estate Investment Trusts (REITs) or Infrastructure Investment Trust
(InvITs) is similar to that of a mutual fund. Sponsors set up the REITs or InvITs to collect money
from the general public for investing in income-generating real estate properties or in specific
infrastructure sector respectively. Alternative Investment Fund (AIF) functions on a similar
structure as that of REITs or InvITs. AIF collects funds from sophisticated investors, whether
Indian or foreign, for investing with a defined investment policy for the benefit of its investors.
The investors of REIT, INVIT or AIF are referred to as unit-holders. Incomes earned by REIT,
INVIT or AIF are distributed to unit-holders.
13.6-.1. Taxability of REIT, INVIT and AIF
13.6-1a. Sale of units
Securities are outside the ambit of GST and accordingly sale of units will by REITs or InvITs or
AIF will not attract GST.
13.6-1b. Rental Income
GST is chargeable on the rental income earned by the REITs or InvITs or AIF at the rate of 18
per cent. However, the exemptions are provided for certain rental income, i.e., rental income
from letting of residential house properties, etc.
13.6-1c. Sale of immovable property

GST is levied on the supply of goods or services or both. The term goods have been defined to
include only movable property. Therefore, the supply of immovable property is outside the
ambit of GST.
Notably, the supply of under-construction property where the entire consideration has been
received before the issuance of completion certificate by the competent authority is treated
as a supply of taxable service under GST.
However, the supply of a complex, building, civil structure or a part thereof for the purpose of
sale to a buyer where the entire consideration has been received after the issuance of
completion certificate by the competent authority, it shall not be treated as supply of taxable
service and therefore not liable to GST.
13.6-.2. Taxability of Unit-holders
13.6-2a. Interest Income
Interest received by way of extending deposits, loans or advances is exempt from GST.
13.6-2b. Dividend Income
Income by way of dividend is not covered in GST ambit.
13.6-2c. Sale of units of REIT/INVIT
Securities are outside the ambit of GST and accordingly sale of units will not attract GST.
Example 2, An Infrastructure Investment Trust (‘INVIT’) has distributed the following incomes
to the unit holders:
(a) Interest of Rs. 100 lakhs

(b) Dividend of Rs. 150 lakhs
The Trust has sold the units amounting to Rs. 50 lakhs. It also received rental income of Rs. 200
lakhs from the buildings leased out for commercial purposes.
(a) Taxability in the hands of unitholders
GST will not be levied on interest income of Rs. 100 lakhs as it is specifically exempt from GST.
Similarly, no GST to be charged on the dividend income of Rs. 150 lakhs as it is a transaction in
money, hence, outside the scope of GST.
(b) Taxability in the hands of ‘INVIT’

Rs. 50 lakhs received from the sale of units will not attract GST as securities are outside the
ambit of GST. However, the rental income of Rs. 200 lakhs from renting of immovable
property shall be subjected to GST at the rate of 18%.
13.6-.3. Taxability in case of lending of securities
The SEBI has prescribed the Securities Lending Scheme, 1997 for the purpose of facilitating
lending and borrowing of securities. Under the Scheme, the lender of securities lends
securities to a borrower through an approved intermediary under an agreement for a
specified period. The borrowing is subject to the condition that the borrower will return
equivalent securities of the same type or class at the end of the specified period along with
the corporate benefits accruing on the securities borrowed. The transaction takes place
through an electronic screen-based order matching mechanism provided by the recognised
stock exchange in India.
13.6-3a. Lending fees earned by lenders
The lenders earn lending fee for lending their securities to the borrowers. The activity of
lending of securities is not a transaction in securities as it does not involve the disposal of
securities. The lending fee charged from the borrowers of securities has the character of
consideration and this activity is taxable in GST at the rate of 18%.
The lending fees are liable to GST on the reverse charge mechanism. The borrower of
securities shall be liable to discharge GST. The nature of GST to be paid shall be IGST under
RCM.
13.6-3b. Commission earned by Intermediary
The activities of the intermediaries facilitating lending and borrowing of securities for
commission or fee are also subjected to GST at the rate of 18%.
Review Questions:
1. Which one of these is true about Goods and Services Tax (‘GST’)
(a) Comprehensive indirect tax

(b) Levied at national level
(c) Applicable on supply of goods & services
(d) All of these
2. Whether the supply of service is inter-state or intra-state is decided on the basis of:
(a) Location of supplier of service

(b) Place of supply of service
(c) Both location and place of supplier of service
(d) None of these
3. SGST amount is calculated on Gross Brokerage on the basis of
(a) Gross Brokerage × (9/109)

(b) Gross Brokerage × (18/118)
(c) Gross Brokerage × (36/118)
4. Which one of these is/are correct with reference to GST applicability for REITs, InvITs
and AIFs?
(a) Sale of units by REITs, InvITs and AIFs do not attract GST
(b) GST at the rate of 18 percent is chargeable on rental income earned
by REITs, InvITs and AIFs
(c) Both (a) and (b)
Annexure A: Maintenance of Accounts
As per Section 44AA of the Income-tax Act, an assessee shall maintain books of accounts to
enable the Assessing Officer (AO) to compute his total income. Such books of accounts are
required to be maintained if their income or gross turnover/receipts during the specified
period exceeds the prescribed threshold limit. If the threshold limit, as specified in the below
table, is not crossed, the assessee shall not be required to maintain books of accounts in
accordance with this provision. However, certain professionals are required to maintain their
books of accounts irrespective of their gross receipts and income.
The books of account and documents should be kept and maintained for a period of 6 years
from the end of the relevant assessment year. However, where assessment in relation to any
assessment year has been reopened under Section 147 within the prescribed period, all the
books of account and other documents which were kept and maintained at the time of
reopening of the assessment should be kept and maintained till the assessment so reopened
has been completed.
The table below demonstrates the requirement for maintaining books of accounts by
different taxpayers. If a taxpayer exceeds either the threshold of income or gross turnover,
he shall be required to maintain the books of account.
Nature of Business or Category of Threshold Limits

Profession Taxpayer For Income For Gross Turnover or
Receipts
Specified Professions Any Mandatory in every case except where presumptive
[Note 1]
taxation scheme under Section 44ADA is opted by
the assessee
Non-Specified Individual or HUF More than Rs. 2,50,000 More than Rs. 25 lakhs in
Professions in any of the 3 years any of the 3 years
the previous year[Note 2] the previous year[Note 2]
Non-Specified Others More than Rs. 1,20,000 More than Rs. 10 lakhs in
Professions in any of the 3 years any of the 3 years
Business Individual or HUF More than Rs. 2,50,000 More than Rs. 25 lakhs in
Business Others More than Rs. 1,20,000 More than Rs. 10 lakhs in
the previous year [Note 2] the previous year[Note 2]
Business eligible for Resident Where the assessee has opted for the presumptive
Presumptive Tax Individual or HUF taxation scheme in any of the last 5 years but does
Scheme under Section not opt for the same in the current year and his
44AD income exceeds the maximum exemption limit in
any previous year
Business eligible for Resident Where the assessee has opted for the presumptive
Presumptive Tax Partnership Firm taxation scheme in any of the last 5 years but does
Scheme under Section not opt for the same in the current year.
44AD
Assessee eligible for Resident Assessee claims that his profit and gains from the
presumptive taxation Individual profession are lower than 50% of total gross receipts
scheme prescribed and his total income exceeds the maximum
under Section 44ADA exemption limit
Assessee eligible for Resident Assessee claims that his profit and gains from the
presumptive taxation Partnership Firm profession are lower than 50% of total gross receipts
scheme prescribed
under Section 44ADA
Note 1: Meaning of Specified Profession:
a) Legal
b) Medical
c) Engineering
d) Architectural
e) Technical Consultancy
f) Interior decoration
g) Film artist
h) Authorized Representative109
i) Accountancy Profession
j) Company secretary
k) Information Technology
Note 2: Where business or profession has been set up during the previous year, the threshold
limit of income or gross receipts of the current year shall be checked. In other words, in case
of new business or profession, if income or turnover or receipt of current year, as the case
may be, are not likely to exceed the threshold limit, the assessee shall not be required to
maintain the books of account.
109 ‘Authorised Representative’ means a person, who represents any other person, in lieu of fee or remuneration, before
any Tribunal or statutory authority, but does not include an employee of the person so represented or a person carrying on
legal profession or a person carrying on the profession of accountancy.
Annexure B: Due Date for Filing of Income-tax Return
(A) Due date for Filing of Original Return
Situations Due date for filing of

return
If the assessee is required to furnish a report of transfer pricing 30th November
(TP) Audit in Form No. 3CEB
If the assessee is a partner in a firm who is required to furnish 30th November
a report of Transfer Pricing (TP) Audit in Form No. 3CEB
If an Individual is a spouse of a person, being a partner in a firm 30th November
required to furnish a report of Transfer Pricing (TP) Audit in
Form No. 3CEB and the provisions of section 5A applies to such
spouse.
Company assessee not required to furnish transfer pricing 31st October
audit report in Form No. 3CEB
If an assessee is required to get its accounts audited under 31st October
Income-tax Act or any other law
If the assessee is a partner in a firm whose accounts are 31st October
required to be audited
If an Individual is spouse of a person, being a partner in a firm 31st October
whose accounts are required to be audited, and the provisions
of section 5A applies to such spouse.
In any other case 31st July
(B) Due Date for Filing of Revised or Belated Return
Assessment Years Limitation period for filing Limitation period for filing of
of revised return belated return
From Assessment Year 2021-22 3 months before the end of 3 months before the end of
onwards110 the relevant assessment the relevant assessment year
year or completion of the or completion of the
assessment, whichever is assessment, whichever is
earlier. earlier.
From Assessment Year 2018-19 End of the relevant End of the relevant
to Assessment Year 2020-21 assessment year or assessment year or
completion of the completion of the
earlier. earlier.
For Assessment Year 2017-18 Within 1 year from the end
of the relevant assessment
110 The limitation period has been reduced by the Finance Act, 2021, with effect from assessment year 2021-22
year or completion of the End of the relevant
assessment, whichever is assessment year or
earlier. completion of the
assessment, whichever is
earlier.
Up to Assessment Year 2016-17 Within 1 year from the end Within 1 year from the end of
of the relevant assessment the relevant assessment year
year or completion of the or completion of the
earlier. earlier.
(C) Due date for filing of updated return

An updated return111 can be filed by an assessee within 24 months from the end of the
relevant assessment year (subject to certain conditions) irrespective of the fact whether the
taxpayer has earlier filed the original, revised or belated return in respect of the relevant
assessment year or not.
(D) Due dates of earlier years
The CBDT sometimes extends the due date for furnishing of return of Income to remove the
genuine hardships caused to the taxpayers. Where an assessee furnishes his return of income
within such an extended period, it shall be deemed that the return has been filed on or before
the due date. Here is a list of extended due dates for the last 6 assessment years:
Assessment Year Person required to file Person required to file Person required to file return
return by 30th November return by 30th by 31st July
September/31st October112
2021-22113 15-03-2022 15-03-2022 31-12-2021
2020-21114 15-02-2021 15-02-2021 10-01-2021
2019-20115 30-11-2020 30-11-2020 30-11-2020
2018-19 30-11-2018 31-10-2018116 31-08-2018118
(For Kerala –28-02- (For Kerala – 15-09-2018)119
2019)117
2017-18 30-11-2017 07-11-2017 05-08-2017
2016-17 30-11-2016 17-10-2016 05-08-2016
(For J&K –31-12-2016) (For J&K –31-12-2016) (For J&K –31-12-2016)
2015-16 30-11-2015 31-10-2015 07-09-2015
111 Inserted by the Finance Act, 2022, w.e.f. Assessment Year 2022-23.
112 The due date has been changed from ‘September 30’ to ‘October 31’ by the Finance Act, 2020, with effect from
Assessment Year 2020-21.
113 Circular No. 17, dated 09-09-2021
114 Notification S.O. 4805(E), dated 31-12-2020
115 Order F.No. 225/150/2020-ITA-II, dated 30-09-2020
116 Order [F.NO.225/358/2018/ITA-II], Dated 8-10-2018
117 Order F.No. 225/15/2019/ITA.II, Dated 27-2-2019
118 Order [F.NO.225/242/2018-ITA.II], Dated 26-7-2018
119 Order [F.NO.225/242/2018/ITA.II], Dated 28-8-2018
Annexure C: Penalty for non-compliance
Under Income-tax Act, 1961 an assessee is required to comply with various requirements
prescribed under the act. In case he fails to fulfil any such requirement he is liable for payment
of penalty prescribed. Provisions relating to penalties under Income-tax Act, 1961 are as
follows:
Section Description Amount of Penalty

221 Default in making payment of tax within Such amount as the Assessing
the prescribed time Officer may impose subject to a
maximum limit of tax in arrears.
270A Under-reporting of income 50% of tax payable on
underreported income
270A Under-reporting of income in 200% of tax payable on
consequence of misreporting of income underreported income
271A Failure to keep, maintain, or retain Rs. 25,000
books of account or documents as
required under section 44AA
271AA (a) Failure to keep and maintain prescribed 2% of the value of each
information and documents referred to transaction
in Section 92D or failure to report such
transaction.
(b) Maintaining or furnishing incorrect
information or document
271AA Where any person (a constituent entity Rs. 500,000
of an international group referred to in
section 286) fails to furnish the
information and document in
accordance with Section 92D.
271AAB Undisclosed income found in the search 30% or 60% of the undisclosed
proceedings initiated on or after 15-12- income
2016
271AAC Income determined in case of an 10% of the tax payable on
assessee includes any unexplained unexplained income under
income (if such Section 115BBE
income is not included by the assessee
in his return of income or tax has not
been paid thereon in accordance with
section 115BBE)
271AAD Where books of account maintained by Equals to the aggregate amount
any person include a false entry or any of such false entry or omitted
entry relevant for computation of total entry.
income has been omitted to evade tax
liability.
271AAE120 Where any fund, trust, institution, For the first violation – to the
university, etc. have violated the extent income applied for the
provisions of section 13(1)(c) or 21st benefit of the person referred to
proviso to section 10(23C) in Section 13(3)
For any violation in the

subsequent year – Double the
amount of income which was
applied for the benefit of the
person referred to in Section
13(3)
271B Failure to get accounts audited or 0.5% of total sales, turnover or
furnish such report as is required under gross receipts or Rs. 150,000,
section whichever is less.
44AB
271BA Failure to furnish report from a Rs. 100,000
Chartered Accountant by any person
who entered into an international
transaction or specified domestic
transaction as required under Section
92E.
271C Failure to deduct tax at source, failure to 100% of tax a person has failed to
pay dividend distribution tax, or failure deduct or pay
to pay tax on winning in kind under
Section 194B
271CA Failure to collect tax at source 100% of tax a person has failed to
collect
271D Accepting loan or deposit or specified 100% of loan or deposit so taken
sum in cash or in any mode in or accepted
contravention to Section 269SS
271DA Receiving Rs. 2,00,000 or more in cash 100% of the amount so received
or in any mode in contravention to
Section 269ST.
271DB Failure to provide a facility for Rs. 5,000 per day
acceptance of payment through
prescribed electronic modes as referred
to in Section 269SU
120 Inserted by the Finance Act, 2022, with effect from Assessment Year 2023-24.
271E Repayment of any loan or deposit or 100% of loan or deposit so repaid
specified advance in cash or in any mode
in contravention to Section 269T
271FA Failure to furnish Statement of Financial Rs. 500 to Rs. 1,000 per day of
Transaction or Reportable Account default
271FAA Furnishing inaccurate information in the Rs. 50,000
Statement of Financial Transaction or
Reportable Account
271FAB Failure to furnish a Statement by an Rs. 500,000
eligible investment fund in Form 3CEK as
required under Section 9A
271G Failure to furnish any information or 2% of the value of the
document, relating to an international transaction for each failure
transaction or specified domestic
transaction, as required under Section
92D(3)
271GA Failure by an Indian concern to furnish 2% of the transaction value if the
any information or document as right of management or control
required under Section 285A is transferred or Rs. 500,000 in
any other case
271GB(1) Failure to furnish report under section Rs. 5,000 per day (if the period of
286(2) in respect of international group default does not exceed 1
month), otherwise Rs. 15,000
per day
271GB(2) Failure to produce information or Rs. 5,000 per day (beginning
document to the prescribed tax immediately following the day
authority under Section 286(6) on which the period for
furnishing the
information expires)
271GB(3) Continuity of failure even after the order Rs. 50,000 per day from the date
directing to pay penalty under section of service of penalty order
271GB(1)/(2) has been served
271GB(4) Furnishing inaccurate report under Rs. 500,000
section 286(2) in respect of
international group
271H Failure to furnish TDS/TCS Statement or Rs. 10,000 which can be
on furnishing inaccurate information in extended up to Rs. 1 lakh
such statement
271-I Failure to furnish information or Rs. 100,000
furnishing inaccurate information in
respect of payment made to a non-
resident
271J Furnishing inaccurate information in a Rs. 10,000 for each certificate or
report or a certificate issued by a report
Chartered Accountant, Merchant
Banker or a Registered Value
271K Failure to furnish a statement of Rs. 10,000 which can be
donation or failure to issue a certificate extended up to Rs. 1 lakh
272A Failure to co-operate with income-tax Rs. 10,000 for each default or Rs.
authorities or failure to comply with the 500 for every day during which
statutory requirements. default continues, as the case
may be
272AA Failure to furnish the information to the Up to Rs. 1,000
tax authorities entering into the place of
business to collect certain information.
272B Failure to comply with the provision of Rs. 10,000 for each default
Section 139A such as failure to obtain
PAN, failure to quote PAN or Aadhaar,
failure to authenticate PAN, etc.
272BBB Failure to obtain or Quote TAN Rs. 10,000
Note: No penalty is imposable for any failure under sections 271(1)(b), 271A, 271AA, 271B,
271BA, 271BB, 271C, 271CA, 271D, 271E, 271F, 271FA, 271FAB, 271FB, 271G, 271GA, 271GB,
271H, 271-I, 271J, 272A(1)(c), 272A(1)(d), 272A(2), 272AA(1), 272B, 272BB(1), 272BB(1A) and
272BBB(1), 273(1)(b), 273(2)(b), 273(2)(c), if the person or assessee proves that there was
reasonable cause for such failure (section 273B).
Annexure D: Summarized Tax Table – Product-wise
(A) Equity Products
Produc Perio Tax on short-term Tax on long-term Tax on dividend

t d of capital gain capital gain [Note 1] income
holdin In In In In case In case In In In In
g to case case case of of non- case case case case
of of of FPIs resident resident of FPIs of FPIs
qualif of of
reside non- or or or
y for nt reside Specifi Specifi reside non- Specifi
long- nt ed ed nt reside ed
term fund fund [Note 7] nt fund
Note 6] Note 6]
capita [ [ [Note 8] [Note 6]
l asset
(in
mont
hs)
Listed 12 15% 15% 15% 10% 10% [Note 10% Norm 20% 20%
[Note 2] 2] [Note 2]
equity al tax
shares
rate
(STT
Paid)
Listed 12 Norm Norm 30% 20% 20% with 10% Norm 20% 20%
equity al tax al tax with indexatio al tax
shares rate rate indexati n or 10%
rate
(STT not on or without
paid) 10% indexatio
without n
indexati
on
Unlisted 24 Norm Norm 30% 20% 10%with 10% Norm 20% 20%
shares al tax al tax with out al tax
rate rate indexati indexatio
rate
on n and
forex
fluctuati
on
Listed 12 Norm Norm 30% 20% 20% with 10% Norm 20% 20%
Prefere al tax al tax with indexatio al tax
nce rate rate indexati n or 10%
rate
shares on or without
10% indexatio
without n
indexati
on
Unlisted 24 Norm Norm 30% 20% 10% 10% Norm 20% 20%
Prefere al tax al tax with without al tax
nce rate rate indexati indexatio
rate
shares on n and
forex
fluctuati
on
GDRs 36 Norm Norm 30% 10% 10% 10% 10% 10% 10%
[Note 3]
al tax al tax under under in in in
rate rate section section
sectio sectio secti
115ACA 115AC
and and 20% n n on
20% with 115A 115A 115A
with indexatio CA C and C and
indexati n in and 20% 20%
on in other
Norm in in
other cases
cases al tax other other
rate cases cases
in
other
cases
Share - Norm Norm 30% - - - - - -
warrant al tax al tax
s [Note 4] rate rate
Equity 12 15% 15% 15% 10% 10% [Note 10% Norm 20% 20%
[Note 2] 2] [Note 2]
Oriente al tax
d
rate
Mutual
Funds
(if STT
Paid)
Equity 12 Norm Norm 30% 20% 20% with 10% Norm 20% 20%
Oriente al tax al tax with Indexati al tax
d rate rate indexati on
rate
Mutual on
Funds
(if STT
not Paid)
Derivati - - - 30% - - - - - -
ves [Note
5]
Note 1: Where the long-term capital gain is charged to tax at the rate of 20%, the benefit of
indexation shall be allowed at the time of computing capital gain to the assessee. Further, a
non-resident assessee, who has acquired shares or debentures in foreign currency, shall be
allowed to compute capital gain in foreign currency in case of transfer of shares or debentures
of an Indian company. However, if the long-term capital gain is charged to tax at the rate of
10% then no benefit of indexation and foreign currency fluctuation shall be allowed while
computing capital gain.
Note 2: Tax on long-term capital gain arising from transfer of equity shares, units of an equity-
oriented mutual fund, high premium ULIPs or units of REITs/ InVITs, chargeable to STT, shall
not be levied if the aggregate amount of long-term capital gain earned during the year from
transfer of said capital assets does not exceed Rs. 1,00,000.
Note 3: Tax rate in case of conversion of GDR into other security would be same as applicable
at the time of transfer of GDRs.
Note 4: Tenure of share warrants shall not exceed 18 months from the date of their allotment
in the IPO or Right Issue or FPO, as the case may be. Thus, short-term capital gain shall arise
in every situation on the transfer of share warrants or conversion thereof into shares.
Note 5: Income from derivatives is considered as business income in case of every person
other than FPIs and tax is charged as applicable tax rates. Transfer of derivatives would not
lead to arise of long-term capital gains as the maximum holding period of derivatives is 3
months. However, in case of FPIs, the resultant gains from derivatives shall always be short-
term capital gains.
Note 6: Specified funds mean Category III Alternative Investment Fund located in IFSC, entire
units of which are held by non-residents (other than units held by sponsors or managers) or
investment division of banking unit granted a certificate of registration as Category – I FPI as
located in IFSC.
Note 7: A resident shareholder is allowed deduction of interest expenditure incurred to earn

dividend income to the extent of 20% of total dividend income. No further deduction shall be
allowed for any other expenses including commission or remuneration paid to a banker or
any other person earn such dividend.
Note 8: A non-resident person or foreign company or FPI, as the case may be, shall not be
allowed to deduct any expenditure from dividend income. Further, deduction under Chapter-
VIA (i.e., section 80C to 80U) shall not be allowed from such income.
Note 9: The benefit of indexation will not be allowable in case a non-resident has purchased
shares in, or debentures of an Indian company in foreign currency. In this case the rate of tax
on such.
(B) Debt Products
Product Period Tax on short-term capital Tax on long-term capital gain Tax on interest/dividend income
of gain
holding In case In case In case In case of In case of In case of In case In case of In case of
to of of non- of FPIs resident non- FPIs of non- FPIs]
qualify resident resident resident resident resident
for
long-
term
capital
asset
(in
months)
Sovereign 12 Normal Normal 20% with 20% with Normal Normal
Gold Bond tax rate tax rate - indexation indexation - tax rate tax rate -
(Listed) [Note 1] or 10% or 10%
without without
Capital 12 Normal Normal 30% 20% with 20% with 10% Normal Normal 20%
Indexed tax rate tax rate indexation indexation without tax rate tax rate
Bond (Listed) or 10% or 10% indexation
without without
Capital 36 Normal Normal 30% 20% with 10% 10% Normal Normal 20%
Indexed tax rate tax rate indexation without without tax rate tax rate
Bond indexation indexation
(Unlisted)
Zero-coupon 12 Normal Normal 30% 10% 10% 10%
Bond tax rate tax rate without without without - - -
indexation indexation indexation
Rupee- 12 Normal Normal 30% 10% 10% 10% Normal 4%if 4%if
denominated tax rate tax rate without without without tax rate bonds are bonds are
Bond or indexation indexation indexation listed on listed on
Masala Bond stock stock
(Listed) exchange exchange
located in located in
IFSC IFSC
otherwise otherwise
5% 5%
Rupee- 36 Normal Normal 30% 20% 10% 10% Normal 5% 5%
denominated tax rate tax rate without without without tax rate
Bond or indexation indexation indexation
Masala Bond
(Unlisted)
Foreign 12 Normal Normal 30% 10% 10% 10% Normal 4%if 4%if
Currency tax rate tax rate without without without tax rate bonds are bonds are
Bond (Listed) indexation indexation indexation listed on listed on
stock stock
exchange exchange
located in located in
IFSC IFSC
otherwise otherwise
5% 5%
Foreign 36 Normal Normal 30% 20% 10% 10% Normal 5% 5%
Currency tax rate tax rate without without without tax rate
Bond
(Unlisted)
Convertible indexation indexation indexation
Bond (FCCB)
(Listed)
Convertible indexation indexation indexation
Bond (FCCB)
(Unlisted)
Any other 12 Normal Normal 30% 10% 10% 10% Normal 20% 20%
Bond (Listed) tax rate tax rate without without without tax rate
Any other 36 Normal Normal 30% 20% 10% 10% Normal 20% 20%
Bond tax rate tax rate without without without tax rate
(Unlisted) indexation indexation indexation
Treasury Bills - Normal Normal 30% - - - - - -
(T-Bills) tax rate tax rate
Dated 12 Normal Normal 30% 10% 10% 10% Normal 20% 5%

Government tax rate tax rate without without without tax rate
Securities indexation indexation indexation
(Dated G-
Secs) (Listed)
Dated 36 Normal Normal 30% 20% 10% 10% Normal 20% 5%
Government tax rate tax rate without without without tax rate
(Dated G-
Secs)
(Unlisted)
Municipal 12 Normal Normal 30% 10% 10% 10% Normal 20% 5%
Debt tax rate tax rate without without without tax rate
Commercial - Normal Normal 30% - - - - - -
Papers tax rate tax rate
Debentures 12 Normal Normal 30% 10% 10% 10% Normal 20% 20%
(Listed) tax rate tax rate without without without tax rate
Debentures 36 Normal Normal 30% 20% 10% 10% Normal 20% 20%
(Unlisted) tax rate tax rate without without without tax rate
Debt- 36 Normal Normal Normal 20% with 20% with 10% Normal 20% 20%
oriented tax rate tax rate tax indexation indexation without tax rate
Mutual rate if listed indexation
Funds[Note 2] otherwise
10%
without
indexation
Note 1: Capital gain arising to an Individual on redemption of Sovereign Gold Bond shall not
be chargeable to tax under section 47 of the Income-tax Act.
Note 2: A resident shareholder is allowed deduction of interest expenditure incurred to earn
dividend income from debt-oriented mutual funds to the extent of 20% of total dividend
income. No further deduction shall be allowed for any other expenses including commission
or remuneration paid to a banker or any other person for the purpose of realising such
dividend. However, a non-resident person or foreign company or FPI, as the case may be, shall
not be allowed to deduct any expenditure from dividend income. Further, deduction under
Chapter-VIA (i.e., section 80C to 80U) shall not be allowed from such income.
(C) Other Products
1. Shares issued under Employee Stock Option Scheme (ESOPs)
Point of Nature of Computation of Income Tax Rate

Taxation Income Resident Non-resident
At the time of Perquisite FMV of shares at the Normal Tax Normal Tax
allotment of time of exercising of Rate Rate
shares option minus amount
recovered from the
employee
Short-term Sale Consideration minus 15% in case 15% in case
capital gain Cost of Acquisition [Note 2] shares are shares are
chargeable to chargeable to
At the time of STT STT otherwise
sale of shares otherwise normal tax
normal tax rate
rate
Long-term Sale Consideration minus 10% without 10% without
capital gain Cost of Acquisition [Note 2] indexation in indexation
case shares [Note 1 and 2]
are
chargeable to
STT [Note 1]
otherwise
20% with
Indexation
Note 1: In case shares are chargeable to STT, no tax shall be levied if the aggregate amount
of long-term capital gain doesn’t exceed Rs. 1,00,000. If the amount of capital gain exceeds
Rs. 1,00,000 then tax shall be levied at the rate of 10% on the amount of capital gain in
excess of Rs. 1,00,000.
Note 2: Cost of acquisition of shares allotted under ESOP shall be the FMV of shares at the
time of exercising of option by the assessee.
2. National Pension System (NPS)
National pension system (NPS) Taxability

Contribution to NPS
d) Employees’ contribution to NPS The deduction is allowed under section
80CCD up to 10% of salary plus additional
deduction is allowed up to Rs. 50,000.
e) Employers’ contribution to NPS The deduction is allowed up to 14% of
salary in case of Central or State
Government employees. In case of any
other employer, the limit is 10% of salary.
f) Any other person not being an employee Up to 20% of the gross total income of
such person plus an additional deduction
of Rs. 50,000 is allowed.
Accumulation Tax-free
Lump-sum withdrawal
f) Partial withdrawal Exempt only in case of employees to the
extent of 25% of employee’s contribution
to NPS.
g) Final withdrawal at the time of closure of Exempt up to 60% of the total corpus
account or opting out of the scheme (employee available in the NPS account of the
as well as non—employee) subscriber.
h) Amount received by the nominee on the death Fully exempt
of subscriber
Pension Income
Pension received out of NPS or annuity plan of Fully Taxable
LIC or any other insurer
3. Real Estate Investment Trust (REITs) or Infrastructure Investment Trusts (InVITs)
Nature of
Taxability in the hands of
Income
REIT InVIT Unitholders
Interest from Exempt Exempt Taxable under the head
SPV [Section 10(23FC)(a)] [Section 10(23FC)(a)] Income from other sources at
the following rates
 Resident unit-holder:
Applicable tax rate
 Non-resident unit-holder: 5%
or DTAA rate, whichever is
beneficial
Other Taxable at Taxable at Exempt
Interest Maximum Marginal Maximum [Section 10(23FD)]
Income Rate Marginal Rate

[Section 115UA] [Section 115UA]
Taxable under the head
Income from other sources at
Dividend the following rates
from SPV Exempt Exempt  Resident unit-holder:
(SPV has exercised [Section 10(23FC)(b)] [Section 10(23FC)(b)] Applicable tax rate
option under
Section 115BAA)  Non-resident unit-holder: 20%
or DTAA rate, whichever is
beneficial
Dividend Exempt Exempt Exempt
from SPV [Section 10(23FC)(b)] [Section 10(23FC)(b)] [Section 10(23FD)]
(SPV has not
exercised option
under Section
115BAA)
Other Taxable at Taxable at Exempt
Dividend Maximum Marginal Maximum [Section 10(23FD)]
Income Rate Marginal Rate

Rental Exempt Taxable at Taxable (if received from REIT)
income [Section 10(23FCA)] Maximum under the head Income from
earned from Marginal Rate House Properties at applicable
property under the head tax rate
owned by a Income from
trust House Properties
Other Rental Taxable at Taxable at Exempt
Income Maximum Marginal Maximum [Section 10(23FD)]
Rate Marginal Rate

Capital Gains Taxable at Taxable at Exempt
Maximum Marginal Maximum [Section 10(23FD)]
Rate (Except those Marginal Rate

taxable under (Except those
section 111A, 112 taxable under
and 112A) under section 111A, 112
and 112A)
the head Capital under the head
Gains121 Capital Gains 121
Other Income Taxable at Taxable at Exempt
Maximum Marginal Maximum [Section 10(23FD)]
Rate Marginal Rate
Tax on capital gain arising to unit holder from transfer of units of REITs/InVITs
Nature of
Unit-holder
capital gain
Short-term c) Units chargeable to STT: 15%
capital gain d) Units not chargeable to STT: Applicable tax rate
c) Units chargeable to STT: 10% (beyond Rs. 1 Lakh)
Long-term
d) Units not chargeable to STT: 20% with indexation benefit in case of resident
capital gain
and 10% without indexation benefit in case of non-resident
4. Alternative Investment Fund (AIFs)
Category of AIF Nature of Tax implication in hands of

Tax implication in hands of AIF
Income unit-holders
Business (a) Taxable as per applicable tax
Income rate if AIF is a Company or a
Category I and Firm
Category II AIF (b) Taxable at a maximum
Exempt [Section 10(23FBB)]
marginal rate of 42.744% if
AIF is registered as any other
body corporate
[Section 115UB]
Other than
Taxable as per applicable
business Exempt [Section 10(23FBA)]
tax rate [Section 115UB]
income
Income
Taxable, unless exempt under
from
Specified Section 10(4D), as per the
securities Exempt [Section 10(23FBC)]
Category III AIF following tax rates:
other than
(a) Interest or Dividend: 10%;
units
121 Section 115UA of the Income-tax Act provides that subject to section 111A and 112, the total income of a business trust
shall be chargeable to tax at the maximum marginal rate. Section 111A provides for a concessional tax rate of 15% in respect
of short-term capital gain arising from the transfer of listed equity shares and equity-oriented mutual funds. Whereas, section
112 provides for a concessional tax rate of 20% in case of long-term capital gain. The Finance Act, 2018, inserted a new
Section 112A in the Income-tax Act which provides for the taxability of income arising from the transfer of a long term capital
asset, being a listed equity share or a unit of an equity oriented fund or a unit of a business trust at the rate of 10% on the
amount of capital gain in excess of Rs. 1,00,000. However, no consequential amendment was made under section 112A.
Thus, as per general rule of interpretation, capital gain covered under section 112A shall be charged to tax at the rate of 10%
and not at MMR.
referred (b) Short-term capital gain: 15%
under or 30%;
section (c) Long-term capital gain: 10%
[Section 115AD]
115AB
Other Taxable as per applicable tax
Exempt [Section 10(23FBC)]
Income rate
Other Any Taxable as per applicable tax Taxable as per applicable
Category III AIF Income rate tax rate
Annexure E: Tax Rates for Assessment Year 2023-24
1. Individual or HUF
1.1. Normal tax rates as applicable in case of Individual/ HUF
Net income range Resident Super Resident Senior Any other

Senior Citizen Citizen Individual/HUF
Up to Rs. 2,50,000 Nil Nil Nil
Rs. 2,50,001- Rs. Nil Nil 5%
3,00,000
Rs. 3,00,001- Rs. Nil 5% 5%
5,00,000
Rs. 5,00,001- Rs. 20% 20% 20%
10,00,000
Above Rs. 10,00,000 30% 30% 30%
1.2. Alternative tax rates applicable to Individual/HUF under section 115BAC
Net Income Range Assessment Year 2021-22

Upto Rs. 2,50,000 -
Rs. 2,50,001 to Rs. 5,00,000 5%
Rs. 5,00,001 to Rs. 7,50,000 10%
Rs. 7,50,001 to Rs. 10,00,000 15%
Rs. 10,00,001 to Rs. 12,50,000 20%
Rs. 12,50,001 to Rs. 15,00,000 25%
Above Rs. 15,00,000 30%
1.3. AMT
An individual is liable to pay Alternative Minimum Tax where tax payable by him, on his total
income computed as per normal provisions of the Act, is less than 18.5% of ‘adjusted total
income’. In such a case the ‘adjusted total income’ is taken as income of such individual and
he shall be liable to pay tax at the rate of 18.5% plus surcharge and cess (please refer Annexure
E for relevant rates) of such ‘adjusted total income’. The tax rate shall be 9% if the assessee is
located in an International Financial Services Centre (IFSC) and derives income solely in
convertible foreign exchange.
If he opts to compute his income tax liability as per the provisions of section 115BAC, he will
not be required to pay AMT.
1.4. Rebate under Section 87A
In case of a resident individual, a rebate of up to Rs. 12,500 is allowed under Section 87A from
the amount of tax if the total income of such individual does not exceed Rs. 500,000.
However, no rebate shall be allowed from tax on long-term capital gain covered under section
112A.
1.5. Surcharge on tax whether computed as per the normal tax rates or new tax regime
under section 115BAC

Up to Rs. More than Rs. More than Rs. More than Rs. More
Nature of Income
50 lakh 50 lakh but up 1 crore but up 2 crore but up than Rs.
to Rs. 1 crore to Rs. 2 crore to Rs. 5 crore 5 crore
Short-term capital Nil 10% 15% 15% 15%
gain covered under
Section 111A
Long-term capital Nil 10% 15% 15% 15%
gain covered under
Sections 112 and
112A
Dividend income Nil 10% 15% 15% 15%
Unexplained 25% 25% 25% 25% 25%
income chargeable
to tax under
Section 115BBE
Any other income* Nil 10% 15% 25% 37%
1.6. Health and education cess
The amount of income tax and the applicable surcharge, shall be further increased by health
and education cess calculated at the rate of 4% of such income tax and surcharge.
2. AOP/BOI/ Artificial Judiciary person
2.1. Tax rate
Net income range Tax rate

Up to Rs. 2,50,000 Nil
Rs. 2,50,001- Rs. 5,00,000 5%
Rs. 5,00,001- Rs. 10,00,000 20%
Above Rs. 10,00,000 30%
2.2. AMT
he shall be liable to pay tax at the rate of 18.5% of such ‘adjusted total income’. The tax rate
shall be 9% if the assessee is located in an International Financial Services Centre (IFSC) and
derives income solely in convertible foreign exchange.
2.3. Surcharge
Up to Rs. More than Rs. More than Rs. More than Rs. More
Nature of Income
50 lakh 50 lakh but up 1 crore but up 2 crore but up than Rs. 5
to Rs. 1 crore to Rs. 2 crore to Rs. 5 crore crore
Short-term capital Nil 10% 15% 15% 15%
gain covered under
Section 111A
Long-term capital Nil 10% 15% 15% 15%
gain covered under
Sections 112 and
112A
Dividend income Nil 10% 15% 15% 15%
Unexplained 25% 25% 25% 25% 25%
income chargeable
to tax under
Section 115BBE
Any other income* Nil 10% 15% 25% 37%
* Note 1: The surcharge on dividends earned by non-corporate Foreign Portfolio Investors
shall be capped at 15%.
* Note 2: The rate of surcharge is capped to 15% in case of an AoP consisting of only
companies as its members.

3. Firm/ LLP
3.1. Tax rate
A firm including an LLP shall be charged income tax at the rate of 30% on normal taxable
income.
3.2. AMT
he shall be liable to pay tax at the rate of 18.5% of such ‘adjusted total income’. The tax rate
shall be 9% if the assessee is located in an International Financial Services Centre (IFSC) and
derives income solely in convertible foreign exchange.
3.3. Surcharge
Income range Rate of surcharge
Up to Rs. 1crore Nil
Exceeding Rs. 1 crore 12%

4. Companies
4.1. Tax rates
Section Conditions Tax Rates
Domestic companies
Section 115BA 1. The company is set up and registered on or after 01-03- 25%
2016;
2. It is engaged in manufacture or production of any article
or thing; and
3. It does not claim specified exemption, incentive or
deduction.
Section 115BAB 1. The co. is set up and registered on or after 01-10-2019; 15%
2. It is engaged in manufacture or production of any article
or thing;
3. It is engaged in business of generation of electricity
4. It commences manufacturing on or after 01-10-2019 but
on or before 31-03-2024; and
5. It does not claim specified exemption, incentive or
deduction.
Section 115BAA 1. If co. does not claim specified exemption, incentive or 22%
deduction.
First Schedule to If total turnover or gross receipts during the financial 25%
Finance Act year 2020-21 does not exceed Rs. 400 crore
First Schedule to Any other domestic company 30%
Finance Act
Foreign companies
First schedule to Any foreign company 40%
Finance Act
4.2. MAT
A domestic company is liable to pay Minimum Alternative Tax where tax payable by it, on
total income computed as per normal provisions of the Act, is less than 15% of ‘book profit’.
In such a case the ‘book profit’ is taken as the income of the company and it shall be liable to
pay tax at the rate of 15% of such ‘book profit’. The tax rate shall be 9% if the assessee is
located in an International Financial Services Centre (IFSC) and derives income solely in
convertible foreign exchange.
However, if the company opts for a concessional tax regime either under section 115BAA or
115BAB, it will not be required to pay MAT. Additionally, the provisions of MAT do not apply
in case of foreign companies if it does not have a permanent establishment (PE) in India or
opts for presumptive taxation scheme of Section 44B, Section 44BB, Section 44BBA or Section
44BBB.
4.3. Surcharge
Company Range of Total Income†
Rs. 1 crore or Above Rs. 1 crore but Above Rs. 10
less up to Rs. 10 crore crore
Domestic Company opting for Nil 7% 12%
section 115BA
Domestic Company opting for 10% 10% 10%
section 115BAA
Domestic Company opting for 10% 10% 10%
section 115BAB
Any other domestic company Nil 7% 12%
Foreign company Nil 2% 5%

5. Co-operative societies or co-operative banks

5.1. Normal tax rates
Income range Tax rates
Up to Rs. 10,000 10%
Rs. 10,001- Rs. 20,000 20%
Above Rs. 20,000 30%
5.2. Tax rates for co-operative societies opting for section 115BAD
Section Particulars Tax rates
Section 115BAD Income of the co-operative societies opting for this 22%
scheme shall be computed without providing various
exemptions, deductions etc.
5.3. AMT
A co-op. society is liable to pay Alternative Minimum Tax where tax payable by it, on total
income computed as per normal provisions of the Act, is less than 15% of ‘adjusted total
income’. In such a case the ‘adjusted total income’ is taken as the income of the co-op. society
and it shall be liable to pay tax at the rate of 15% of such ‘adjusted total income’.
However, if the co-operative society opts to compute its income in accordance with section
115BAD, AMT provisions will not be applicable in its case.
5.4. Surcharge
Tax is computed as per normal tax rates
Income Range Rate of surcharge
Income up to Rs. 1 crore Nil
Income exceeding Rs. 1 crore but up to Rs. 10 crore 7%
Income exceeding Rs. 10 crore 12%
Tax Computed under section 115BAD
Any income 10%

6. Special tax rates
Income-tax Act prescribes the following special tax rates in respect of certain income:-
6.1. In case of capital gains

Section 111A Any Person Short-term capital gains arising from transfer of 15%
equity shares or units of equity-oriented mutual fund
or units of business trust if the transfer of such capital
asset is chargeable to Securities Transaction Tax (STT)
Any person Long-term capital gains arising from transfer of listed 10%
securities (other than a unit) or zero-coupon bonds
without giving effect to benefit of indexation.
Non-resident Long-term capital gains arising from the transfer of 10%

Section 112
or foreign co. unlisted shares or shares of closely held companies
without giving effect to benefit of indexation and
currency translation.
Any Person Any other long-term capital gains 20%
Section 112A Any Person Long-term capital gains, in excess of Rs. 1 lakhs, 10%
arising from transfer of equity shares, units of equity-
oriented mutual fund or units of business trust if the
transfer of such capital asset is chargeable to
Securities Transaction Tax (STT)
Section 115AB Overseas Long-term capital gain arising from transfer of units 10%
financial of specified Mutual Funds or UTI purchased in foreign
organization currency
or offshore
funds
Section 115AC Non-resident Long-term capital gains arising from transfer of Bonds 10%
or GDRs of an Indian Company or Public sector
company (PSU) purchased in foreign currency
Section 115ACA Resident Long-term capital gains arising from transfer of GDRs 10%
Individual issued by an Indian company, engaged in specified
knowledge-based industry or service, to its
employees if such GDRs are purchased in foreign
currency and capital gain is computed without taking
benefit of foreign exchange fluctuation and
indexation.
Section 115AD Foreign Short-term capital gains arising from transfer of 15%
Institutional equity shares or units of equity-oriented mutual fund
Investors or or units of business trust as covered under Section
specified 111A
fund (Refer
chapter 11) Short-term capital gains arising from transfer of any 30%
other securities
Long-term capital gains in excess of Rs. 1 lakh arising 10%

from transfer of equity shares or units of equity-
oriented mutual fund or units of business trust as
covered under Section 112A
Long-term capital gains arising from transfer of other 10%
securities provided capital gain is computed without
taking benefit of foreign exchange fluctuation and
indexation.
Section 115E Non-resident Long-term capital gains arising from transfer of 10%
Indian specified asset purchased in foreign currency
Section Any Person Income from transfer of any Virtual Digital Asset 30%
115BBH (VDA)
6.2. In case of interest income

Non-resident Interest received from Government or an 20%

or Foreign Co. Indian concern on monies borrowed or debt
incurred by such Government or Indian
concern in foreign currency
Non-resident Interest received from notified Infrastructure 5%

or Foreign Co. Debt Fund as referred to in Section 10(47)
Non-resident Interest received from an Indian Co. or 4% if interest is

or Foreign Co. business trust as specified in Section 194LC, payable in respect
i.e., interest in respect of monies borrowed of long-term bond
by them in foreign currency or long-term or rupee-
Section 115A infrastructure bonds or rupee-denominated
denominated
bonds.
bonds listed on a
recognised stock
exchange in IFSC
otherwise 5%
Non-resident Interest on rupee-denominated bonds of an 5%
or Foreign Co. Indian Co. or Government Securities or
municipal debt securities as referred to in
Section 194LD
Non-resident Interest income distributed by business trust 5%

or Foreign Co. to its unitholders as referred to in Section
194LBA.
Section 115AC Non-resident Interest on bonds of an Indian Company or 10%

Public Sector Company (PSU) purchased in
foreign currency
Section 115AD Foreign Interest on rupee-denominated bonds of an 5%
Institutional Indian Company or Government Securities or
Investor municipal debt securities
Section 115AD Foreign Other Interest from securities (other than 20%
Institutional income from units of specified mutual fund
Investor or units of UTI purchased in foreign currency)
Section 115AD Specified Interest income from securities (other than 10%
fund (Refer income from units of specified mutual fund
chapter 11) or units of UTI purchased in foreign currency)
6.3. In case of dividend income

Section 115A Non-resident Dividend income 20%

or foreign co.
Section 115AC Non-resident Dividend on GDRs of an Indian Company or Public 10%

Sector Company (PSU) purchased in foreign currency
Section 115ACA Resident Dividend on GDRSs issued by an Indian company, 10%

Individual engaged in specified knowledge-based industry or
service, to its employees if such GDRs are purchased
in foreign currency
Section 115AD Foreign Dividend income from securities (other than dividend 20%
Institutional from units of specified mutual fund or units of UTI
investor purchased in foreign currency)
Section 115AD Specified Dividend income from securities (other than dividend 10%
fund (Refer from units of specified mutual fund or units of UTI
chapter 11) purchased in foreign currency)
Section 115AB Overseas Dividend income from units of specified Mutual Funds 10%
financial or of UTI purchased in foreign currency
organization
or offshore
funds
6.4. In case of other income from securities
Non-resident Income received in respect of units of specified 20%

Section 115A
or Foreign Co. Mutual Funds or UTI purchased in foreign currency
Section 115AB Overseas Income from units of specified Mutual Funds or of UTI 10%
financial purchased in foreign currency
organization
or offshore
funds
Section 115AD Foreign Income from securities (other than income from units 20%
Institutional of specified mutual fund or units of UTI purchased in
investor foreign currency)
Section 115AD Specified fund Income from securities (other than income from units 10%
(Refer chapter of specified mutual fund or units of UTI purchased in
11) foreign currency)
Section 115E Non-resident Income from the specified asset purchased in foreign 20%
Indian currency
6.5. In case of other incomes

Section 115A Non-resident or Income by way of royalty or fees for technical 10%
Foreign Co. services received from India concern or Government
in pursuance of an approved agreement made after
31-3-1976. However, the benefit shall not be
available if royalty or fees for technical services is
connected with the assessee’s Permanent
Establishment (PE) in India.
Section 115B Assessee Profit and gains of life insurance business 12.5%
engaged in life
insurance
business
Section 115BB Any person Income by way of winnings from lotteries, 30%
crossword puzzles, races including horse races,
card games and other games of any sort or
gambling or betting of any form or nature
whatsoever.
Non-resident Income of a sportsman: 20%
sportsman a) from participation in any game in India;
(foreign citizen)
b) advertisement; or
c) from contribution of articles relating to any game
or sport in India in newspapers, magazines or
journals
Section 115BBA
Non-resident Any amount guaranteed to be paid or payable to a 20%
sport non-resident sports association concerning any game
association or sport played in India
Non-resident Income of an entertainer from performance in India 20%

entertainer
(foreign citizen)
Section Any person Undisclosed income as referred to in Sections 60%

115BBE 68, 69, 69A, 69B, 69C and 69D
Section 115BBF Resident Income by way of royalty in respect of a patent 10%
person developed and registered in India
Section 115BBG Any person Any income by way of transfer of carbon credits 10%
Section Any Person Income from transfer of any Virtual Digital Asset 30%
115BBH (VDA)
6.6. In case of trusts or investment funds

Section 115BBC Any person Anonymous donation 30%

Section 115BBI Trust or Specified incomes of trusts or institutions 30%
institutions as referred to in section
10(23C)(iv)/(v)/(vi)/(via) or section 11
Section 115TD Charitable and Accreted income of trusts or institutions Maximum
religious trust that voluntarily wind up its activities or Marginal Rate
merge with any other non-charitable
institution or convert into a non-
charitable organization.
Investment Business income of Category-I or 30%
Section 115UB
fund Category-II Alternative Investment Fund,
where such fund is a domestic company
or firm
Business income of Category-I or 40%
Category-II Alternative Investment Fund,
where such fund is a foreign company
Business income of Category-I or Maximum
Category-II Alternative Investment Fund, Marginal Rate
where such fund is any other person
Section 161 Trust Profits and gains of a business in the case Maximum
of trust except where such trust is Marginal Rate
declared by any person by will exclusively
for the benefit of any relative dependent
on him for support and maintenance, and
such trust is the only trust so declared by
him.
Section 164 Private Income of trust where shares of the Maximum
discretionary beneficiary are indeterminate. Marginal Rate
trust
Section 164A Oral trust Income of an oral trust Maximum
Marginal Rate
Income of AOP or BOI if shares of Maximum
members are unknown Marginal Rate
Income of AOP or BOI if shares of Higher rate
members are unknown and total income
of any member is chargeable to tax at a
rate higher than the maximum marginal
rate
Section 167B AOP or BOI Income of AOP or BOI if shares of Normal slab
members are determinate and total Rates
income of any member does not exceed
the maximum amount not chargeable to
tax
Income of AOP or BOI if shares of Maximum
members are determinate and total Marginal Rate
income of any member exceeds the
maximum amount not chargeable to tax
Income of AOP or BOI if shares of Higher rate on
members are determinate and total income
income of any member is chargeable to attributable to
tax at a rate higher than the maximum such member
marginal rate
Maximum
Marginal Rate
on the
remaining
income
Annexure F: Deductions under Income-tax Act
S. Section Eligible investment or incomes Who can Maximum
No. claim? deduction
1. Section 80C Payment for life insurances, Individual or Rs. 150,000
education expenses, contribution HUF
to provident fund, repayment of
housing loan, contribution to
certain small saving schemes,
contribution to pension funds, or
fixed deposits.
2. Section Amount deposited or paid to Individual Rs. 150,000
80CCC annuity pension plan of LIC or
other insurers
3. Section Contribution to National Pension Individual 10% of Salary in
80CCD(1) Scheme (NPS) or Atal Pension case of an
Yojana employee
otherwise 20%
of gross total
income
It should be noted that the aggregate amount of deduction under Section 80C,
Section 80CCC and Section 80CCD(1) cannot exceed Rs. 150,000.
4. Section Additional contribution to NPS or Individual Rs. 50,000
80CCD(1B) Atal Pension Yojana
5. Section Employer’s contribution to NPS Individual 14% of salary in
80CCD(2) case of Central
or State
Government’s
employee
otherwise 10%
of salary
6. Section 80D Amount paid for health insurance Individual or  Rs. 75,000
policy, preventive health check-up, HUF [where
contribution to CGHS and individual (incl
expenditure on medical treatment his family) is
less than 60
years of age
and his
parents are
senior citizen)
 Rs. 1,00,000
[where both
individual
(incl. his any
member of
family) and his
parents are
senior
citizens]
7. Section Incurs medical expenditure, or Resident  Rs. 75,000 (in
80DD pays an insurance premium for the Individual or case of
benefit, of a family member HUF disability)
suffering from disability.  Rs. 125,000 (in
case of severe
disability)
8. Section Amount incurred for medical Resident Rs. 40,000
80DDB treatment of prescribed disease or Individual or (Rs. 100,000 in
ailment. HUF case of senior
citizen)
9. Section 80E Interest paid on education loan Individual Interest paid
taken for the higher education during the year
10. Section 80EE Interest payable on loan taken for Individual Rs. 50,000
acquisition of residential property.
The loan should be sanctioned
between 01-04-2016 and 31-03-
2017.
11. Section Interest payable on loan taken for Individual Rs. 150,000
80EEA acquisition of residential property.
The loan should be sanctioned
between 01-04-2019 and 31-03-
2022122.
12. Section Interest payable on loan taken for Individual Rs. 150,000
80EEB acquiring an electric vehicle
13. Section 80G Donation to specified institution or Any assessee 50% to 100% of
funds donation made
14. Section Payment of rent for residential Individual Least of the
80GG house property following:
 Rent paid in
excess of 10%
of total
income;
 Rs. 5,000 per
month; or
122 The Finance Act, 2021 has extended the outer date from 31-03-2021 to 31-03-2022
 25% of total
income
15. Section Donation for scientific research or Any assessee 100% of
80GGA rural development not having donation made
income from
business or
profession
16. Section Donation to a political party or an Indian 100% of
80GGB electoral trust company donation made
17. Section Donation to a political party or an Any person, 100% of
80GGC electoral trust other than donation made
local
authority or
AJP funded
by Govt.
18. Section 80- Profits and gains derived from the
IA following eligible businesses:
(a) Developing, operating or
maintaining Infrastructure 100% of profits
Facility; (for 10 years out of
20 years123)
(b) Telecommunication Services; 100% of profits
in first 5 years
and 30% in next
5 years
Any assessee (for 10 years out of
15 years)
(c) Developing, operating or 100% of profits
maintaining an Industrial Park or (for 10 years out of
SEZ; 15 years)
(d) Generating or distributing power; 100% of profits
or (for 10 years out of
15 years)
(e) Reconstruction or revival of 100% of profits
power generating plant. (for 10 years out of
15 years)
19. Section 80- Profits and gains derived from any Any assessee 100% of profit
IAB business of developing a Special (for 10 years out of
Economic Zone (SEZ) 15 years)
123Deduction shall be allowed for 10 years out of 15 years if infrastructure facility is a port, airport, inland waterway, inland
port or navigational channel in the sea.
20. Section 80- Profits and gains derived by an Company or 100% of profit
IAC eligible start-up an LLP and gains
(for 3 years out of
10 years)
21. Section 80- Profits and gains derived from the
IB following eligible businesses:
(a) Industrial undertaking in 100% of profits
backward area; in first 5 years
and 25%/30%
in next 5 years
(for 10/12 years
out of 15 years)
(b) Undertaking engaged in 100% of profits
production or refining of mineral Any assessee (for 7 years)
oil or natural gas;
(c) Housing project; and 100% of profits
from a housing
project
(d) Processing, Preservation and 100% of profits
Packaging of specified food in first 5 years
products. and 25%/30%
in next 5 years
22. Section 80- Profits derived from the business Any assessee 100% of profits
IBA of developing and building housing from a housing
projects project
23. Section 80- Profits derived from the business Any assessee 100% of profits
IC of manufacturing or production of in first 5 years
articles in certain special category and 25%/30%
States in next 5 years
24. Section 80- Profit derived from specified Any assessee 100% of profits
IE services and manufacturing for 10 years
activity in the States of Arunachal
Pradesh, Assam, Manipur,
Meghalaya, Mizoram, Nagaland,
Sikkim and Tripura (North-Eastern
States)
25. Section Income from collection and Any assessee 100% of profits
80JJA processing of bio-degradable for 5 years
waste
26. Section Incurring cost on additional Any assessee 30% of
80JJAA employees additional
employee
cost(for 3 years)
27. Section 80LA Income from offshore banking unit Banks having  100% of
in SEZ or unit of an IFSC an offshore profits in case
banking unit of unit of IFSC
in SEZ or a (for 10 years
out of 15
unit of IFSC
years)
 100% of
profits for 5
years and 50%
in next 5 years
in case of
offshore
banking unit in
SEZ
28. Section 80M Income by way of dividend Domestic 100% of
received from a domestic company dividend
company, a foreign company or a further
business trust distributed
29. Section 80P Interest income, dividend income Co-operative 100% of
and profits derived from business society specified
income
30. Section Profit derived from processing or Producer 100% of profits
80PA marketing of agricultural produce. Company
31. Section Royalty or copyright fees in respect Resident Rs. 300,000
80QQB of books Individual
32. Section Royalty in respect of patents Resident Rs. 300,000
80RRB Individual
33. Section Interest earned on deposits in Individual or Rs. 10,000
80TTA saving bank account HUF
34. Section Interest income earned from any Resident Rs. 50,000
80TTB bank deposits including fixed Senior Citizen
deposit
35. Section 80U A person suffering from a disability Resident  Rs. 75,000 (in
or severe disability Individual case of
disability)
 Rs. 125,000 (in
case of severe
disability)
Annexure G: Exemptions under Income-tax Act
(A) Income exempts under the head ‘Salary’
Section Nature of Income

Section 10(5) Leave Travel Concession
Section 10(6)(ii) Remuneration of specified diplomats and their staff
Section 10(6)(vi) Remuneration of an employee of a foreign enterprise for services
rendered by him during his stay in India
Section Remuneration of a foreign employee on a foreign ship
10(6)(viii)
Section 10(6)(xi)Remuneration of a foreign trainee
Section 10(7) Allowance/perquisites to Government employee for rendering service
outside India
Section 10(8)124 Income of foreign government employee under co-operative technical
assistance programme
Section 10(10) Gratuity
Section 10(10A) Pension
Section 10(10AA) Leave Salary
Section 10(10B) Retrenchment Compensation
Section 10(10C) Voluntary Retirement Compensation
Section 10(10CC) Tax on non-monetary perquisites paid by the employer
Section 10(12) Amount received from recognized Provident Fund subject to prescribed
limit
Section 10(13) Payment from an approved superannuation fund
Section 10(13A) House Rent Allowance
Section 10(14) Office Duty Allowances and Personal Allowances
Section 10(18) Pension to gallantry award winner
Section 10(19) Family pension received by the family members of armed forces
(B) Income exempt under the head ‘Capital Gains’

Section 10(4E) Any income from transfer of certain non-deliverable forward contracts
or offshore derivative instruments or over-the-counter derivatives by a
non-resident125
Section 10(10D) Any sum received under a life insurance policy except certain excessive
and high premium ULIPs.
124 This exemption has been withdrawn by the Finance Act, 2022 with effect from Assessment Year 2023-24.
Section 10(23FF) Capital gains from transfer of shares of a company resident in India on
account of relocation of offshore funds126
Section 10(33) Capital gains on transfer of unit of Unit Scheme – 1964
Section 10(37) Capital gains on compulsory acquisition of urban agricultural land
Section 10(37A) Capital gain on transfer of specified capital assets under land pooling
scheme of the Andhra Pradesh Government.
(C) Income exempt under the head ‘Income from other sources’

Section 10(4)(i) Interest on notified securities and bonds
Section 10(4)(ii) Interest on NRE account
Section 10(4C) Interest on Rupee Denominated Bonds
Section 10(10BB) Compensation for Bhopal Gas Leak Disaster
Section 10(10BC) Compensation on account of any disaster
Section 10(11) Amount received from public provident fund subject to prescribed limit
Section 10(11A) Amount received from Sukanya Samriddhi Account
Section 10(12A) Payment from the National Pension Scheme
Section 10(12B) Partial withdrawal from NPS
Section 10(15) Interest on specified securities as prescribed
(D) Income exempt under the head ‘Profit and Gains from business and profession’

Section 10(2A) Partner’s share in the profit of the firm
Section 10(4F) Royalty or interest income received by a non-resident from lease of
aircraft or ship127
Section 10(6A) Tax paid on behalf of foreign company on the royalty and fees for
technical services
Section 10(6B) Tax paid on behalf of foreign company or non-resident in respect of
income not being salary, royalty or fees for technical services
Section 10(6BB) Tax paid on behalf of foreign Government or foreign enterprise
deriving income by way of lease of aircraft or aircraft engine
Section 10(6C) Technical fees received by a notified foreign company
Section 10(6D) Royalty/Fees received by non-resident from National Technical
Research Organisation
Section Remuneration in connection with technical assistance programme
10(8A)/(8B)/(9)128
128 This exemption has been withdrawn by the Finance Act, 2022 with effect from Assessment Year 2023-24.
Section 10(15A) Lease rent of an aircraft
Section 10(30) Subsidy from the Tea Board
Section 10(40) Grants received by specified subsidiary company
Section 10(48) Income on account of import of crude oil etc.
Section 10(48A) Income on account of storage and sale of crude oil
Section 10(48B) Income on account of sale of leftover stock of crude oil
Section 10(48C) Income on account of replenishment of crude oil
Section 10(50) Income which is subject to equalisation levy
(E) Income exempt of certain specified assessees

Section 10(2) Amount received by member of HUF
Section 10(4D) Certain Income arising to Specified fund (refer para 11.6-5a) to
the extent units held by non-resident (not being the permanent
establishment of a non-resident in India) or the investment
division of offshore banking unit, as the case may be129
Section 10(4G)130 Income of a non-resident arising from portfolio of securities or
financial products or funds, managed through IFSC
Section 10(20) Income of local authority
Section 10(21) Income of research association
Section 10(22B) Income of a news agency
Section 10(23A) Income of a professional association
Section 10(23AA) Income received on behalf of Regimental Fund
Section 10(23AAA) Income of a fund established for welfare of employees
Section 10(23AAB) Income of pension fund
Section 10(23B) Income from Khadi or village industry
Section 10(23BB) Income of Khadi and Village Industries Boards
Section 10(23BBA) Incomes of statutory bodies for the administration of public
charitable trust
Section 10(23BBB) Income of European Economic Community
Section 10(23BBC) Income of SAARC fund
Section 10(23BBE) Income of IRDAI
Section 10(23BBG) Income of Central Electricity Regulatory Commission
Section 10(23BBH) Income of the Prasar Bharati
Section 10(23D) Income of mutual fund
Section 10(23DA) Income of a securitisation trust
129 Amended by the Finance Act, 2021, with effect from assessment year 2022-2023
130 Inserted by the Finance Act, 2022 with effect from Assessment Year 2023-24
Section 10(23EA)/ Income of Investor Protection Fund set up by stock exchange
10(23EC)/ 10(23ED)
Section 10(23EE) Income of Core Settlement Guarantee Fund
Section 10(23FB) Income of a venture capital fund or a venture capital company
from investment in a venture capital undertaking
Section 10(23FBA) Income of an investment fund
Section 10(23FC)] Income of a Business Trust
Section 10(23FCA) Certain income of a business trust, being a real estate investment
trust
Section 10(23FE) Certain income of wholly-owned subsidiary of Abu Dhabi
Investment authority or Sovereign wealth fund or pension fund
Section 10(24) Income of a registered trade union
Section 10(25) Income of employee welfare funds
Section 10(25A) Income of the Employees’ State Insurance Fund
Section 10(26) Income of a member of a Scheduled Tribe
Section 10(26AAA) Income of a Sikkimese individual
Section 10(26AAB) Income of an Agricultural Produce Marketing Committee/Board
Section 10(26B) Income of certain corporation established for promoting the
interest of members of Scheduled Caste
Section 10(26BB) Income of a corporation established for promoting the interest of
minority caste
Section 10(26BBB) Income of a corporation established for ex-servicemen
Section 10(27) Income of a co-operative society formed for promoting the
interests of the members of Scheduled Castes or Scheduled Tribes
Section 10(29A) Income of coffee board, rubber board, etc.
Section 10(32) Income of a minor child up to a certain limit and conditions
Section 10(39) Income from an international sporting event
Section 10(42) Income of certain non-profit body or authority
Section 10(44) Income of New Pension System Trust
Section 10(46) Exemption of specified income of notified body/
authority/trust/board/commission
Section 10(47) Any income of a notified infrastructure debt/fund
Section 10(48D) 131 Any income accruing or arising to an institution established for
financing the infrastructure and development
Section 10(48E)132 Any income accruing or arising to a developmental financing
institution, licensed by the RBI
(F) Income exempt of certain funds, trust and institutions
Section Persons covered

Section 10(23C)(i) PM National Relief Fund and PM CARES Fund
Section 10(23C)(ii) PM Fund for promotion of Folk Art
Section 10(23C)(iii) PM Aid to Students Fund
Section 10(23C)(iiia) National Foundation for Communal Harmony
Section 10(23C)(iiiaa) Swachh Bharat Kosh
Section 10(23C)(iiiaaa) Clear Ganga Fund
Section CM Relief Fund or Lieutenant Governor Relief Fund
10(23C)(iiiaaaa)
Section 10(23C)(iiiab) University or educational institution wholly or substantially
financed by the government
Section 10(23C)(iiiad) University or educational institution whose annual receipts
do not exceed Rs. 5 crore133
Section 10(23C)(vi) University or educational institution approved by the
Principal Commissioner or Commissioner
Section 10(23C)(iiiac) Hospital or other specified institution wholly or
substantially financed by the government
Section 10(23C)(iiiae) Hospital or other specified institution whose annual
receipts do not exceed Rs. 5 crore134
Section 10(23C)(via) Hospital or other specified institution approved by the
Principal Commissioner or Commissioner
Section 10(23C)(iv) Charitable Institution approved by the Principal
Commissioner or Commissioner
Section 10(23C)(v) Trust for Public religious and charitable institution
approved by the Principal Commissioner or Commissioner
(G) Income exempt in the nature of distributed Income

Section 10(23FBB) Income referred to in section 115UB of a unit holder of an
investment fund
Section 10(23FBC) Income received by a unit holder of Category III AIF
Section 10(23FD) Certain distributed Income of a Unit Holder from the
Business Trust
Section 10(34A) Income of a shareholder on account of buy back of shares
by the company
Section 10(35A) Income of an investor received from a securitisation trust
133 The Finance Act, 2021 extended limit for annual receipts from Rs. 1 crore to Rs. 5 crore
134 The Finance Act, 2021 extended limit for annual receipts from Rs. 1 crore to Rs. 5 crore
After the abolition of dividend distribution tax, no exemption is available under Section 10(34)
and Section 10(35) for the dividend distributed by a company or a mutual fund, as the case
may be.
(H) Others

Section 10(1) Agriculture Income
Section 10(16) Educational scholarship
Section 10(17) Daily allowance to a Member of Parliament or State
Legislature
Section 10(17A) Awards and Rewards
Section 10(19A) Annual value of one palace
Section 10(43) Loan in the case of reverse mortgage
Annexure H: Tax on transfer of securities
(A) Securities Transaction Tax (STT)
STT is charged on any transaction (other than the transaction in debt securities or debt mutual
fund) carried out through a stock exchange in India. The rates of STT are as follows:
Transaction STT rate Payable on Payable

by
Purchase and sale of equity shares or units of 0.1% Sale/Purchase Buyer and
business trust (Delivery based) price Seller
Purchase and sale of equity shares or unit of an 0.025% Sale Price Seller
equity oriented mutual fund or units of
business trust (Intraday)
Sale of an option in equity shares 0.017% Option Premium Seller
Sale of an option in securities, where the 0.125% Settlement Price Purchaser
option is exercised
Sale of a future in equity shares 0.01% Price at which Seller
future is traded
Sale/Redemption of units of equity-oriented 0.001% Sale Price Seller
mutual fund
Sale or surrender or redemption of a unit of an 0.001% Sale Price Seller
equity-oriented fund to an insurance company,
on maturity or partial withdrawal, with respect
to ULIP issued by such insurance company on
or after 01-02-2021135.
Sale of unlisted equity shares or unlisted units 0.2% Sale Price Seller
of business trust under an Initial Public Offer
(IPO)
(B) Commodities Transaction tax [CTT]
Commodities Transaction Tax (CTT) is a tax charged on transaction of sale of commodity

derivatives or sale of commodity derivatives based on prices or indices of prices of commodity
derivatives or option on commodity derivatives or option in goods in respect of commodities,
other than agricultural commodities, traded in recognised stock exchange. CTT is chargeable
as follows –
Taxable commodities transaction Rate Payable on Payable by

Sale of a commodity derivative 0.01% Price at Seller
which
135
Inserted by the Finance Act, 2021
derivative is
traded
Sale of commodity derivatives based on prices 0.01% Price at Seller
or indices of prices of commodity derivatives which
derivative is
traded
Sale of an option on commodity derivative 0.05% Option Seller
Premium
Sale of option in goods 0.05% Option Seller
Premium
Sale of an option on commodity derivative, 0.0001% Settlement Purchaser
where option is exercised Price
Sale of option in goods, where option is 0.0001% Settlement Purchaser
exercised resulting in actual delivery of goods Price
Sale of option in goods, where option is 0.125% Difference Purchaser
exercised resulting in a settlement otherwise between the
than by the actual delivery of goods settlement
price and the
strike price
(C) Stamp Duty
Stamp duty is levied by States, thus, the rate of duty varies from state to state. However, with
effect from July 1, 2020, stamp duty shall be levied at unified rates across India in respect of
listed securities. The same rate shall apply even in case of off-market transactions. The unified
rates of stamp duty shall be as follows:
Security Rate of stamp duty*
Debentures
- In case of issue 0.005%
- In case of transfer 0.0001%
Derivatives
- Futures 0.002%
- Options 0.003%
- Currency and interest rate derivatives 0.0001%
- Others 0.002%
Government securities 0%
Repo on corporate bonds 0.00001%
Other securities
- In case of issue 0.005%
- In case of transfer on delivery basis 0.015%
- In case of transfer on non-delivery basis 0.003%
*Stamp duty is levied on the market value of security where the transaction is done
through a stock exchange. Whereas, in the case of off-market transactions, the stamp
duty is levied on the consideration amount.
The mechanism for collection and payment of stamp duty shall be as follows:-
Transaction Collected by Payable by Payable on Payable to
Issue of Stock Issuer of Total market State Government
securities exchange or securities value of where the residence of
through stock depository securities the buyer is located and
exchange or in case the buyer is
depositories located outside India, to
the State Government
having the registered
office of the trading
member or broker of
such buyer.
Issue of _ Issuer of Total market State Government
securities securities value of where registered office
otherwise than securities of issuer is located
through stock
exchange or
depositories
Transfer of Stock Buyer of Market value State Government
securities exchange securities of securities at where the residence of
through stock the time of the buyer is located and
exchange settlement of in case the buyer is
transaction located outside India, to
the State Government
having the registered
office of the trading
member or broker of
such buyer.
Transfer of Depository if Transferor Amount of State Government
securities transfer is of securities consideration where the residence of
otherwise than done through the buyer is located and
through stock depository in case the buyer is
exchange otherwise located outside India, to
duty shall be the State Government
payable having the registered
directly to office of the trading
State member or broker of
Government such buyer.
Annexure I: Cost Inflation Index
Cost Inflation Index (CII) is the inflation rate used to bring the cost of goods in line with the
increased prices in the market. Under Income-tax Act, it is used to compute the indexed cost
of acquisition and indexed cost of improvement of a long-term capital asset. CII for every year
is notified through an official gazette each year.
Financial Year CII

2001-02 100
2002-03 105
2003-04 109
2004-05 113
2005-06 117
2006-07 122
2007-08 129
2008-09 137
2009-10 148
2010-11 167
2011-12 184
2012-13 200
2013-14 220
2014-15 240
2015-16 254
2016-17 264
2017-18 272
2018-19 280
2019-20 289
2020-21 301
2021-22 317
2022-23 331

NISM-Series-XX-Taxation in Securities Markets Workbook - July 2022

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NISM-Series-XX: Taxation in Securities Markets

National Institute of Securities Markets

Workbook Version: July 2022

National Institute of Securities Markets

National Institute of Securities Markets

National Institute of Securities Markets

NISM certification examinations and educational programs cater to different segments of

Dr. C.K.G Nair

About The Author

About NISM Certifications

How to register and take the examination

After studying this chapter, you should know about:

 Securities Market and Securities: Definitions and Features

1.1 DEFINITIONS AND FEATURES

1.1-1 What is a Securities Market?

The various functions performed by securities markets are as follows:

1.1-2 Statutes and authorities governing the securities market?

a) The Securities and Exchange Board of India Act, 1992 (SEBI)

The agencies involved in the relation of the securities market are:

1.1-3 Important definitions

1.1-3a Meaning of Derivatives

1.1-3b Meaning of Government Securities

1.1-3c Meaning of Securities

As per Section 2(h) of SCRA, ‘securities’ include:

(a) shares, scrips, stocks, bonds, debentures, debenture stock or other

(e) security receipt as defined in section 2(zg) of the Securitisation and

(g) any certificate or instrument issued to an investor by any issuer being a

(h) government securities;

(i) such other instruments as may be declared by the Central Government to be

(j) rights or interest in securities.

1.2 STRUCTURE AND PARTICIPANTS

The securities market has two interdependent and inseparable segments.

1.2-1a Primary Market

(a) Initial Public Offering (IPO)

(c) Rights Issue

(d) Firm Allotment

(e) Offer to Public

(f) Bonus issue

(g) Employee’s Stock Option

1.2-1b Secondary Market

1.2-2 Participants of the securities market

The participants of the securities market are as follows.

1.2-2a Merchant bankers

1.2-2b Bankers to an issue

As per regulation 2(aa) of SEBI (Bankers to the Issue) Regulations, 1994

(a) acceptance of application and application monies;

(c) refund of application monies;

(d) payment of dividend or interest warrants

1.2-2c Portfolio managers

1.2-2d Debenture trustees

As per Regulation 2(10)(bb) of SEBI (Debenture Trustees) Regulations, 1993. ‘Debenture

1.2-2e Registrars to an Issue

(a) Collecting applications from investors in respect of an issue;

(c) Assisting body corporate or person or group of persons in:

o Determining the basis of allotment of securities in consultation with stock

1.2-2f Share Transfer Agents

(b) a department or division, by whatever name called, of a body corporate

1.2-2g Credit Rating Agency

1.2-2h Investment Advisor

1.2-2i Research analyst

(a) preparation or publication of the content of the research report;