Capital gains refer to the profits made from the sale or transfer of capital assets, such as property, stocks, or mutual funds. These gains are subject to taxation under the Income Tax Act, specifically governed by Section 48. This section outlines the method for calculating capital gains and the applicable tax on them.
According to Section 48, the capital gains are computed by deducting certain specified amounts from the total sale consideration of the asset. These deductions include the cost of acquisition, cost of improvement, and expenses incurred during the sale. After deducting these amounts, the resulting figure is the taxable capital gain.
In addition, if the asset has been held for a long period, indexation benefits may be applied to adjust the cost of acquisition and improvement for inflation, thereby reducing the tax liability. This method ensures that individuals only pay tax on the real gains made, accounting for the passage of time and inflation.
Ultimately, the computation of capital gains as per Section 48 ensures a fair taxation process, allowing for adjustments that benefit the taxpayer while ensuring compliance with the law.
In this article, we will explore the provisions and deductions available under Section 48 of ITA.
What is Section 48 of the Income Tax Act?
Section 48 of the Income Tax Act provides the framework for calculating capital gains, which arise from the sale or transfer of capital assets such as shares, mutual funds, and real estate. These gains are classified into short-term or long-term capital gains, depending on the duration for which the asset was held. If the asset is sold within a short holding period, it results in short-term capital gains, while a longer holding period results in long-term capital gains.
The method of calculation differs for each type of gain. Short-term capital gains are typically taxed at a higher rate, whereas long-term capital gains may benefit from indexation, which adjusts the cost of acquisition and improvement for inflation. This adjustment reduces the taxable amount, thus lowering the overall tax liability for the taxpayer.
Capital gains are a part of an individual’s total income, and their correct computation is essential to determine the tax liability. Section 48 allows specific deductions such as the cost of acquisition, cost of improvement, and expenses related to the sale, ensuring a fair and transparent process. By following these provisions, taxpayers can accurately calculate and comply with their tax obligations.
According to Section 48, individuals must compute capital gains arising from the sale of capital assets by adjusting the cost incurred by the seller in acquiring the asset, the costs of making improvements to the asset, and the sales consideration cost. These costs can be deducted from the capital gain sum to compute the taxable capital gain from the sale.
Deductions under Section 48 of the Income Tax Act
Under Section 48 of the Income Tax Act, the following expenditures are deductible from capital gains:
- Expenditure incurred wholly or exclusively for the transfer of capital assets.
- Expenditure incurred in acquiring the capital asset and costs incurred in improving it.
Also read: Section 112A of Income Tax Act
What are the different proviso under Section 48 of the Income Tax Act?
Section 48 of the Income Tax Act has various provisions outlining the taxability and deductions on capital gains earned by an individual. We have discussed each proviso in detail below:
First proviso under Section 48
The first proviso of Section 48 applies only to NRIs. It comes into play when an NRI purchases any financial asset, like stock in an Indian company, using foreign currency. Section 48 of the Income Tax Act mandates that the sale consideration received on transfer of the asset must also be converted into foreign currency. This must be done even if the taxpayer receives the gains in Indian currency during the transfer of the capital asset. This proviso helps NRIs neutralise exchange rate fluctuations while calculating capital gains.
Second proviso under Section 48
The second proviso of Section 48 of the Income Tax Act offers indexation benefits to taxpayers who have earned long-term capital gains from the sale or transfer of long-term capital assets. Taxpayers can calculate their taxable income under capital gains by calculating the indexed cost of acquisition and the indexed cost of improvement. The expenditure incurred in improving or modifying the asset can be considered as a deduction. It is important to note that this provision of Section 48 is not applicable to NRIs.
Third proviso under Section 48
According to the third proviso, the first and second provisions of Section 48 of the Income Tax Act will not be applicable if Rule 112A is considered. Rule 112A mandates that long-term capital gains arising from the sale or transfer of a long-term capital asset, like equity shares and equity MFs, will be taxed at 10% when the gains exceed Rs. 1 lakh.
Fourth proviso under Section 48
The fourth proviso states that the second proviso of Section 48 does not apply if long-term capital gains are earned as a result of the sale of bonds and debentures that are:
- Capital indexed bonds issued by the government.
- Sovereign gold bonds (SGB) issued by the RBI.
Fifth proviso under Section 48
This proviso is applicable to non-resident assessees. This proviso is applicable when the individual earns capital gains due to an appreciation in the Indian rupee vis-a-vis the foreign currency. As a result, the investor makes a gain in INR denominated bonds. The fifth proviso allows you to ignore these gains when calculating your consideration value.
Sixth proviso under Section 48
This proviso of Section 48 of the Income Tax Act is only applicable in instances when the transfer of shares and debentures outlined in Section 47(iii) happens as a gift. According to the guidelines of this proviso, the market value of these assets (as on the date of transfer) can be taken as their consideration value.
Seventh proviso under Section 48
Lastly, the seventh proviso states that deductions outlined under Section 48 of the Income Tax Act cannot be availed if STT (Securities Transaction Tax) applies to any transaction.
Also read: Section 111A of Income Tax Act
How to calculate the benefits of the first proviso under Section 48 of ITA?
Benefits under the first proviso of Section 48 can be calculated using Rule 115A. The step-by-step process is outlined below:
- If sales proceeds arising from the capital asset transfer are in Indian rupees, the same has to be converted into the currency in which the asset was originally purchased. The conversion rate must be calculated by averaging the Telegraphic Transfer Buying Rate (TTBR) and Telegraphic Transfer Selling Rate (TTSR).
- You also need to convert the cost of acquisition into the relevant foreign currency using the prevalent average rate on the day of the acquisition.
- If capital gains accrue from the sale, then these capital gains must also be converted into the original foreign currency using TTBR, which is applicable on the day of the transfer.
Also read: Section 56 of Income Tax Act
How to calculate capital gains under Section 48 of the Income Tax Act?
To calculate capital gains under Section 48 of the Income Tax Act, follow these steps:
- Determine the sale consideration: This is the amount received from the sale or transfer of a capital asset.
- Deduct expenses: Subtract any expenses incurred in connection with the sale, such as brokerage or legal fees.
- Cost of acquisition: Deduct the original purchase price of the asset.
- Cost of improvement: If any improvements or renovations were made to the asset, their costs are also deducted.
- Indexation (for long-term assets): For long-term capital gains, adjust the cost of acquisition and improvement for inflation using the government-prescribed Cost Inflation Index (CII). This reduces the taxable gains.
The result after applying these deductions is the capital gain. If it is a short-term capital gain, it is taxed at the applicable slab rate. For long-term gains, reduced tax rates or exemptions may apply.
Key takeaways
- Capital gains arise from the sale of assets like shares, mutual funds, or property.
- Gains are classified as short-term or long-term, based on the holding period.
- Deductions include the cost of acquisition, improvement costs, and sale-related expenses.
- Indexation benefits for long-term gains adjust for inflation, reducing tax liability.
- Short-term gains are taxed at regular income tax rates, while long-term gains benefit from lower rates or exemptions.
- Correct computation ensures compliance and accurate tax liability calculation.
Conclusion
Section 48 of the Income Tax Act outlines the provisions regarding the calculation of taxable income arising from capital gains. Taxpayers can claim deductions included in the section to lower their tax liabilities. However, to qualify for deductions, they need to have a clear idea about the sub-clauses and detailed provisions of section 48.
