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Mihir, can you clarify STCG exemptions on selling equity shares?

Mihir

Mihir Tanna  |964 Answers  |Ask -

Tax Expert - Answered on Jul 26, 2024

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
BHARAT Question by BHARAT on Jul 25, 2024Hindi
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Hello Mihir Ji, I would like to confirm whether there is any exemption in STCG on sale of equity shares? Like 1.25 Lacs in LTCG

Ans: No, there is no exemption for STCG on STT paid equity shares like LTCG but in case other income is less than basic exemption limit (i.e. 3 lacs new tax regime), basic exemption limit can be used for STCG.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Mihir

Mihir Tanna  |964 Answers  |Ask -

Tax Expert - Answered on Nov 07, 2022

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Good Morning. I am a fan of yours and read you severally on Rediff replying queries of various Tax Problems. Sir, now I have a tax query and earnestly request you to resolve that which is as follows: My query is: I booked an under construction flat worth Rs.45.00 lacs which is scheduled to be ready for procession in year F.Y.2025-26. Now I sold shares worth Rs. 10,00,000/- and total amount paid to builder in F.Y.2022-23. Out of shares sold my LTCG IS Rs.700,000/-. Can I claim exemption for LTCG to that amount only which is given as advance in corresponding year? Again in F.Y. 2023-24 I will pay Rs.20,00,000/- by selling shares and LTCG of Rs.10,00,000/-. Can I claim Exemption for LTCG? Same process will happen in next 2 F.Ys. till procession of my new Flat. Can I claim exemption on LTCG on sale of shares in each financial year? Please also guide to fill ITR also for claiming above exemption in parts.
Ans: In respect of capital gains you can claim exemption from long term capital gains if the net sale consideration is invested in booking an under construction house. You get an extended period of three years to get possession in case it is booked with a developer.

In case the sale consideration is not fully invested in the residential house before filing of the Income Tax Return, the unutilised money has to be deposited with a bank under Capital Gains Account Scheme. The money deposited can be utilised within the prescribed period for payment of house.

You have to keep in mind that to claim this exemption, you should not own more than one residential house property on the date of sale of the shares except the one in respect of which you are claiming the exemption.

So once you claim exemption in FY 22 23, it is not advisable to claim exemption against gain earned in subsequent years.

In Income Tax Return, you can show the amount invested in property as exemption u/s 54F and if the entire 10 lakh consideration can not be invested in property then open CG account and show amount in ITR accordingly.

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Asked by Anonymous - Nov 22, 2024Hindi
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My son secured CRL below 800 in Jee advance 2024 but did not take admission in IIT rather took admission in a third grade college and currently pursuing Btech CSE. I am worried about his future. Can he get success in future?
Ans: Hello.
You did not mention which IIT college and course your son was getting. You also did not mention which college he has been admitted to. It seems that there is a wide communication gap between you and your son. Surprisingly, a candidate getting admission to IIT rejected it and went to a 3rd-grade college (as per your opinion). You are also not clear about, what was role when your son was denied to take admission to IIT and chose a 3rd-grade engineering college. There are lots of possibilities that your son has been denied IIT college which can't be discussed on this public platform.
It seems that your son is a talented, hard worker which is already reflected in his JEE result, there is no need to worry about his future. These types of candidates are less dependent on the college and faculty. They have their inbuilt capability to learn and excel in the life. There is no need to worry much about the decision taken by your son. Just observe that, whether he is attending college regularly and engaged in extracurricular activities. If he scores well in CSE, a bright future is waiting for him. Remember, a job career is less dependent on the college name! Nowadays, show your extraordinary skills and get the job!

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If dissatisfied with the reply, please ask again without hesitation.
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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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