CA SHIRISH VYAS / C.A.
FINAL / IMP DT QUESTIONS
                  CAPITAL GAINS
Question 1:
Ms Yuvika bought a vacant land for ` 80 lakhs in May 2005.
Registration and other expenses were 10% of the cost of land. She
constructed a residential building on the said land for ` 100 lakhs
during the financial year 2007-08.
She entered into an agreement for sale of the above said
residential house with Mr. Johar in April 2015. The sale
consideration was fixed at ` 700 lakhs and on 23-4-2015, Ms Yuvika
received ` 20 lakhs as advance in cash by executing an agreement.
However, due to failure on part of Mr. Johar, the said negotiation
could not materialise and hence, the said amount of advance was
forfeited by Ms Yuvika.
Ms Yuvika, again entered into an agreement on 01.08.2023 for sale
of this house at ` 810 lakhs. She received ` 80 lakhs as advance by
RTGS. The stamp duty value on the date of agreement was ` 890
lakhs. The sale deed was executed and registered on 14-1-2024 for
the agreed consideration. However, the State stamp valuation
authority had revised the values, hence, the value of property for
stamp duty purposes was ` 900 lakhs. Ms Yuvika paid 1% as
brokerage on sale consideration received.
Subsequent to sale, Ms Yuvika made following investments:
(i)    Acquired two residential houses at Delhi and Chandigarh
       for ` 130 lakhs and ` 50 lakhs, respectively, on 31.1.2024 and
       15.5.2024
(ii)   Acquired a residential house at UK for ` 180 lakhs on
       23.3.2024.
(iii) Subscribed to NHAI capital gains bonds for ` 50 lakhs on 29-
       3-2024 and for ` 40 lakhs on 12-5-2024.
Compute the income under the head 'Capital Gains' of Ms Yuvika.
Cost Inflation Index:
F.Y. 2005-06 – 117; F.Y. 2007-08 – 129; F.Y. 2023-24 - 348.
                                165
         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Answer 1:
      COMPUTATION OF CAPITAL GAINS [PY 2023-24]
                                                ` (lakhs)
 Full Value of Consideration (Actual SP–Note 1)       810
 Less: Transfer Expenses                            - 8.10
 Net Consideration                               801.90
 Less: Indexed Cost of Acquisition
              88 lakhs x 348    Trf.                      - 261.74
                         117    Pur.
              100 lakhs x 348     Trf.                    - 269.77
                          129     Pur.
  Gross LTCG                                               270.39
  Less: Exempt u/s 54:                                       - 130
     Amount of CG                      270.39 L
     Cost of New Asset (CNA) / Deposit 130 L
                                                           140.39
  Less: Exempt u/s 54EC:                                      - 50
     Amount of CG                          140.39 L
     Cost of New Asset (CNA)                90 L
     Maximum                                50 L
  Net LTCG                                                   90.39
Note 1:
SDV as on the date of agreement                 ₹ 890 lakhs
SDV as on the date of registration              ₹ 900 lakhs
As per sec.50C, if part or whole of the consideration is received by
account payee cheque/draft/ECS on or before the agreement date
then SDV on agreement date i.e. ₹ 890 lakhs should be considered.
As per sec. 50C, if the actual sale price is less than the SDV and if
the difference is not more than 10% of actual sale price then
SDV is ignored.
 SDV                ₹ 890 lakhs
 Actual SP          ₹ 810 lakhs
 Difference             80 lakhs < 10% of Actual SP i.e. ₹ 81 lakhs
Since the difference is not more than 10%, SDV is ignored and the
FVOC = Actual SP
                                166
         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Question 2:
Tani purchased a land at a cost of ₹35 lakhs in the financial year
2004-05 and held the same as her capital asset till 31 May, 2019.
Tani started her real estate business on 18 June, 2019 and
converted the said land into stock-in-trade of her business on the
said date, when the fair market value of the land was ₹210 lakhs.
She constructed 15 flats of equal size, quality and dimension. Cost
of construction of each flat is ₹10 lakhs. Construction was
completed in January, 2024. She sold 10 flats at ₹30 lakhs per flat
in January, 2024. The remaining 5 flats were held in stock as on
31st March, 2024.
She invested ₹50 lakhs in bonds issued by National Highway
Authority of India on 31st March, 2024 and another ₹50 lakhs in
bonds of Rural Electrification Corporation Ltd. in April, 2024.
Compute the amount of capital gain and business income in the
hands of Tani arising from the above transactions for AY 2024-25.
Cost Inflation Index: FY 2004-05: 113; FY 2019-20: 289; FY 2023-
24:348.
Answer 2:
        COMPUTATION OF CAPITAL GAINS [PY 2023-24]
                                                           ` (lakhs)
  Full Value of Consideration                         2,10,00,000
  (FMV on the date of conversion)
  Less: Transfer Expenses                                         ----
  Net Consideration                                   2,10,00,000
  Less: Indexed Cost of Acquisition
               35 lakhs x 289 Trf.                      - 89,51,327
                          113 Pur.
                                                       1,20,48,673
 Gross LTCG taxable in PY 2023-24                        80,32,448
 [₹1,20,48,673 x 2/3]
 Less: Exempt u/s 54EC:                                 - 50,00,000
    Amount of CG                    80,32,448
    Cost of New Asset (CNA)       1,00,00,000
    Maximum                         50,00,000
 Net LTCG                                                   -130.39
                                 167
         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
     COMPUTATION OF BUSINESS INCOME [PY 2023-24]
                       Particulars                         ₹
 Sale price of flats [10 x ₹30 lakhs]                 3,00,00,000
 Less: FMV on the date of conversion [₹210 L x 2/3] 1,40,00,000
 Less: Cost of construction of flats [10 x ₹10 lakhs] 1,00,00,000
 Taxable Business income                                60,00,000
Notes:
(1)   Normally, capital gains is taxable in the year of transfer.
      However, as per section 45(2), the capital gains arising from
      the transfer by way of conversion of capital assets into stock-
      in-trade will be chargeable to tax only in the year in which
      the stock-in-trade is sold.
(2)   In case of conversion of capital asset into stock-in-trade and
      subsequent sale of stock-in-trade, the period of 6 months is
      to be reckoned from the date of sale of stock-in-trade for the
      purpose of exemption under section 54EC [CBDT Circular
      No.791 dated 2.6.2000]. In this case, since the investment in
      bonds of NHAI has been made within 6 months of sale of
      flats, the same qualifies for exemption under section 54EC.
Question 3:
Mr. Adarsh sold his residential property on 22nd March, 2024 for
95 lakhs and paid brokerage @ 1% of sale price. He had purchased
the said property in August 2004 for 27,36,000. In July, 2024, he
invested 78 lakhs in equity of TMN (P) Ltd., an eligible start- up
company (set up on 1st March, 2024), which constituted 29% of
share capital of the said company. TMN (P) Ltd. utilized the said
sum for the following purposes —
(a)    Purchase of New P & M during August 2024 - ₹66 lakh
(b)    Included in (a) above is ₹8 lakhs for purchase of car
(c)    Air-conditioners purchased for ₹1 lakh, included in the (a)
       above, were installed at the residence of Mr. Adarsh.
(d)    Amt. deposited in specified bank on 18.9.2024 - `12lakh
Compute the taxable capital gain for the A.Y.2024-25. Assume that
Mr. Adarsh is liable to file his return of income on or before 31st
Oct., 2024. Cost Inflation Index: 2004-05: 113, 2023-24: 348.
                                168
        CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Answer 3:
             COMPUTATION OF CAPITAL GAINS
Particulars                                                   `
Full Value of Consideration                              95,00,000
Less: Transfer Exps. (1% of the gross consideration)       - 95,000
Net consideration                                        94,05,000
Less: Indexed cost of acquisition                      - 84,25,912
(` 27,36,000 x 348/113)
Gross LTCG                                                9,79,088
Less: Exemption under section 54GB                      - 7,18,310
Gross LTCG x Cost of New Asset/Net Consideration
= ` 9,79,088 × ` 69,00,000/94,05,000
Net LTCG                                                  2,60,778
Note 1:
For exemption under section 54GB,
Cost of New Asset = Cost of new plant and machinery
 Particulars                                   `         `
 Cost of New P & M acquired in Aug., 2024           66,00,000
 Less: Cost of vehicles, i.e., cars        8,00,000
 Cost of A/c installed at the residence    1,00,000 - 9,00,000
                                                    57,00,000
 Deposit in Capital Gains Account Scheme            12,00,000
                                                    69,00,000
                              169
         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Question 4:
Calculate the amount chargeable to tax under the head 'Capital
Gains' and also calculate tax on such gains for A.Y. 2024-25 from
the following details provided by Mr. Naveen with respect to sale
of certain securities during F.Y. 2023-24, assuming that the other
incomes of Mr. Naveen exceed the maximum amount not
chargeable to tax. (Ignore surcharge and cess):
(i)    Sold 10,000 shares of Y Ltd. on 05-04-2023 @ ` 650 per share
       Y Ltd. is a listed company. These shares were acquired by Mr.
       Naveen on 05-04-2016 @` 100 per share. STT was paid both
       at the time of acquisition as well as at the time of transfer of
       such shares which was affected through a recognized stock
       exchange. On 31-01-2018, the shares of Y Ltd. were traded
       on a recognized stock exchange as under: Highest price - `
       300 per share, Average price - ` 290 per share Lowest price
       - ` 280 per share
(ii)   Sold 1,000 units of AB Mutual Fund on 20-05-2023 @` 50
       per unit. AB Mutual Fund is an equity oriented fund. These
       units were acquired by Mr. Naveen on 10- 03-2017 @ ` 10
       per unit. STT was paid only at the time of transfer of such
       units. On 31- 01-2018, the Net Asset Value of the units of AB
       Mutual Fund was ` 55 per unit. The units of AB Mutual Fund
       were not listed on the stock exchange as on 31.1.2018.
(iii) Sold 100 shares of C Ltd. on 27-09-2023 @ ` 200 per share.
       C Ltd. is an unlisted company. These shares were issued by
       the company as bonus shares on 30-09-1997. The Fair
       Market Value of these shares as on 01-04-2001 was ` 50
       per share.
       Cost Inflation Index for various financial years are as under:
                2001-02                       100
                2016-17                       264
                2017-18                       272
                2020-21                       301
                2023-24                       348
                                 170
        CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Answer 4:
COMPUTATION OF CAPITAL GAINS [Sec. 112A] [Shares of Y ltd.]
                                                      Amt.
  FVOC (SP) (10,000 x ₹ 650)                     65,00,000
  Less: COA* (10,000 x ₹ 300)                  - 30,00,000
  LTCG                                           35,00,000
         *COA
         FMV (31/1/18) – Highest Trading Price         300
         SP                                            650
         Lower                                         300
         Actual Cost                                   100
         Higher (COA)                                  300
 COMPUTATION OF CAPITAL GAINS [Sec. 112A] [Units of MF]
                                                 Amt.
 FVOC (SP) (1,000 x ₹ 50)                      50,000
 Less: COA* (1,000 x ₹ 50)                   - 50,000
 LTCG                                               Nil
        *COA
        NAV (31/1/18)                               55
        SP                                          50
        Lower                                       50
        Actual Cost (Higher of ₹130 or ₹900)        10
        Higher (COA)                                50
COMPUTATION OF CAPITAL GAINS [Unlisted shares of C ltd.]
                                                            `
 Full Value of Consideration (100 shares x SP ₹200)   20,000
 Less: Transfer Expenses                                   ---
 Net Consideration                                    20,000
 Less: Indexed Cost of Acquisition                  (17,400)
            Nil   x 348 Trf.
           5,000       100 Pur.
Less: Indexed Cost of Improvement                             ---
Long Term Capital Gains                                   2,600
                             171
         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
 Tax payable:
Tax on LTCG u/s 112A = 10% of (35 lakhs – 1 lakh)          3,40,000
Tax on LTCG u/s 112 = 20% of 2,600                              520
Total Tax Payable                                          3,40,520
Question 5:
Mr. Riyaan owned a residential house in Noida. It was acquired on
09.09.2014 for ` 30,00,000. He sold it for ` 1,57,00,000 on
07.01.2021.
Mr. Riyaan utilized the sale proceeds of the above property to
acquire a residential house in Panchkula for ` 2,05,00,000 on
20.07.2021. The said house property was sold on 31.10.2023 and
he purchased another residential house in Delhi for ` 2,57,00,000
on 02.03.2024. The property at Panchkula was sold for `
3,25,00,000.
Calculate capital gains chargeable to tax for the assessment year
2021-22 and 2024-25. All workings should form part of your
answer: Cost inflation index for various financial years are as under:
  2014-15       240
  2020-21       301
  2021-22       317
  2023-24       348
                                 172
       CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Answer 5:
     COMPUTATION OF CAPITAL GAINS [PY 2020-21]
               (Sale of Noida House)
                                                            `
Full Value of Consideration                     1,57,00,000
Less: Transfer Expenses                                  -----
Net Consideration                               1,57,00,000
Less: Indexed Cost of Acquisition               (37,62,500)
             30 lakhs x 301     Trf.
                        240     Pur.
Gross LTCG                                       1,19,37,500
Less: Exempt u/s 54:                           - 1,19,37,500
   Amount of CG                 1,19,37,500
   Cost of New Asset (CNA)      2,05,00,000
Net LTCG                                                  Nil
     COMPUTATION OF CAPITAL GAINS [PY 2023-24]
             (Sale of Panchkula House)
                                                            `
Full Value of Consideration                     3,25,00,000
Less: Transfer Expenses                                  -----
Net Consideration                               3,25,00,000
Less: [Reduced] Indexed Cost of Acquisition     (93,99,842)
  (205 lakhs - 1,19,37,500) x 348     Trf.
                               317 Pur.
Gross LTCG                                       2,31,00,158
Less: Exempt u/s 54:                           - 2,31,00,158
   Amount of CG               2,31,00,158
   Cost of New Asset (CNA)    2,57,00,000
Net LTCG                                                  Nil
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         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Question 6:
Determine the capital gains/loss and tax liability as per sec.115BAC
in the following scenarios for the A.Y. 2024-25 assuming the
assessees does not have any other source of income:
(i)   On 12th December, 2023, 1,200 shares of X Ltd., a listed
      company are sold by Mr. Vishal, a non-resident, @ ` 1,550
      per share and STT was paid at the time of sale of shares.
      These shares were acquired by him on 25th May, 2017 @ `
      425 per share by paying STT at the time of purchase. The
      price at which these shares were traded in National Stock
      Exchange on 31st January, 2018 is as follows –
        Particulars                       Amount in `
        Highest Trading Price                 680
        Average Trading Price                 610
        Lowest Trading Price                  540
(ii)   Mr. Kabir, a resident aged 45 years, is the owner of
       residential house which was purchased on 1st August, 2021
       for ` 19,00,000. He sold the said house on 25th September,
       2023 for ` 27,50,000. Valuation as per stamp valuation
       authorities was ` 28,50,000 as on the date of sale. CII – 2021-
       22: 317; 2023-24: 348
Answer 6:
 Mr. Vishal:
COMPUTATION OF CAPITAL GAINS [Sec. 112A] [Shares of X ltd.]
                                                    Amt.
 FVOC (SP) (1,200 x ₹ 1,550)                  18,60,000
 Less: COA* (1,200 x ₹ 680)                   - 8,16,000
 LTCG                                         10,44,000
        *COA
        FMV (31/1/18) – Highest Trading Price        680
        SP                                         1,550
        Lower                                        680
        Actual Cost                                  425
        Higher (COA)                                 680
                                 174
        CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
 Tax payable:
 Tax on LTCG u/s 112A = 10% of (10,44,000 – 1 lakh) 94,400
 Add: HEC @4%                                           +3,776
 Tax Payable (rounded off)                              98,180
Since the assessee is Non-resident, benefit of unexhausted basic
exemption is not allowed.
 Mr. Kabir
              COMPUTATON OF CAPITAL GAINS
 FVOC
    1) Actual        27,50,000
    2) SDV           28,50,000                       27,50,000
 Since difference between SDV and actual amt. is
 within limit of 10%, we take FVOC as the Actual
 Sale Price
 Less: Trf. Expenses                                         ----
                                                      27,50,000
 Less: Indexed COA [19,00,000 x 348/317]            - 20,85,804
 LTCG                                                 6,64,196
 Tax payable:
Tax on LTCG u/s 112 = 20% of (6,64,196 – 3 lakhs)     72,839
Less: Rebate u/s 87A (since NTI is upto 7 lakhs)    - 25,000
                                                      47,839
 Add: HEC @4%                                         +1,914
 Tax Payable (rounded off)                            49,750
Since the assessee is Resident, benefit of unexhausted basic
exemption is allowed.
                              175
         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Question 7:
PQR Limited has two units – one engaged in manufacture of
computer hardware and the other involved in developing
software. As a restructuring drive, the company has decided to sell
its software unit as a going concern by way of slump sale for ₹385
lacs to a new company called S Limited, in which it holds 74%
equity shares. The balance sheet of PQR limited as on 31st March
2024, being the date on which software unit has been transferred,
is given here under -
               Balance Sheet as on 31.3.2024 (₹ in lacs)
            Liabilities               ₹       Assets             ₹
     Paid up Share Capital         300 Fixed Assets
     General Reserve               150 Hardware unit           170
     Share premium                   50 Software unit          200
     Revaluation Reserve           120 Debtors
     Current Liabilities                Hardware unit          140
     Hardware unit                   40 Software unit          110
     Software unit                   90 Inventories
                                        Hardware unit           95
                                        Software unit           35
                                   750                         750
Additional information:
(i)     The Software unit is in existence since May, 2015.
(ii)    Fixed assets of Software unit includes land which was
        purchased at ₹40 lacs in the year 2008 and revalued at ₹60
        lacs as on March 31, 2024. The stamp duty value on
        31.3.2024 is ₹55 lakhs.
(iii) Other Fixed assets of software unit are reflected at 140 lakhs
        (` 200 lakhs less ` 60 lakhs, being the value of land) which
        represents written down value of depreciable assets as per
        books of account. However, the written down value of these
        assets under section 43(6) of the Income-tax Act, 1961 is `
        90 lakhs.
(a)     Ascertain the tax liability, which would arise from slump sale
        to PQR Limited, assuming it does not opt for sec. 115BAA.
(b)     What would be your advice as a tax-consultant to make the
        restructuring plan of the company more tax-savvy, without
        changing the amount of sale consideration?
                                 176
         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Answer 7:
(a)
           COMPUTATION OF CAPITAL GAINS [Sec. 50B]
                    [Slump Sale of Software Unit]
   FVOC (SP) (Note)                                         385 L
          Lumpsum Consideration                385 L
          FMV as per Rule 11UAE – Note 1 250 L
   Less: Trf. Expenses                                           -
                                                            385 L
   Less: Cost of undertaking (Net Worth – Note 2)         - 185 L
   LTCG                                                     200 L
The above capital gains is long term as the software unit started
in May 2015 and it is transferred on 31st March, 2024.
Note 1: FMV as per Rule 11UAE:
 FMV of Jewellery, Artistic Work, Shares and Securities        Nil
 SDV of Immovable Property [Land]                             55 L
 Book Value of Other Assets                                  285 L
 (Other FA 140 L + Drs. 110 L + Inventories 35 L)
 Less: Book Value of Outside Liabilities                     (90 L)
                                                             250 L
Note 2: Net Worth [Cost of undertaking]:
      WDV of Depreciable assets as per I.Tax              90 L
      Book Value of Other Assets
         - Land                                          40 L
         - Stock                                       110 L
         - Other Assets                                  35 L
      Less: Book Value of Outside Liabilities          (90 L)
                                                       185 L
Note: Indexation benefit is not available in case of slump sale
                                177
            CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
(b)   TAX ADVICE:
      (i)      Transfer of any capital asset by a holding company to
               its 100% Indian subsidiary company is exempt from
               capital gains under section 47(iv). Hence, PQR Limited
               should try to acquire the remaining 26% equity shares
               in S Limited then make the slump sale in the above
               said manner, in which case the slump sale shall be
               exempt from tax. For this exemption, PQR Limited will
               have to keep such 100% holding in S Limited for a
               period of 8 years from the date of slump sale,
               otherwise the amount exempt would be deemed to
               be income chargeable under the head "Capital Gains"
               of the previous year in which such transfer took
               place.
      (ii)     Alternatively, if acquisition of 26% share is not feasible,
               PQR Limited may think about demerger plan of
               Software Unit to get benefit of section 47(vib) of
               Income-tax Act, 1961.
Question 8:
Ms. Mishika has entered into an agreement with M/s CVM Build
Limited on 25.04.2020 in which she agrees to allow such
Company to develop a shopping mall on land owned by her in
New Delhi. She purchased such land on 05.05.2012 for `
15,00,000. In consideration, M/s CVM Build Limited will provide
20% share in shopping mall to Mishika. The certificate of
completion of shopping mall was issued by authority as on
26.12.2023. On such date, Stamp duty value of shopping mall was
` 4,14,00,000. Subsequently on 18.03.2024, she sold her 15%
share in shopping mall to Mr. Ketav in consideration of ` 65,00,000.
Cost Inflation Indices: 2023-24: 348, 2020-21: 301, 2012-13: 200
Compute the chargeable capital gains for the assessment year
2024 -25.
                                   178
         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Answer 8:
  COMPUTATION OF CG [Land] [Sec. 45(5A)] (PY 2023-24)
                                                                     `
      Monetary Consideration                                      Nil
      SDV of his share in the project [414 L x 20%]        82,80,000
 Full Value of Consideration                               82,80,000
 Less: Transfer Expenses                                          -----
 Net Consideration                                         82,80,000
 Less: Indexed Cost of Acquisition                       (22,57,500)
        15 Lakhs x 301 Transfer* [2020-21]
                       200      Pur.
 Long Term Capital Gains                                  60,22,500
         * Year of trf. is the year when possession of land is
                      handed over to the builder.
   Year of tax = Year of Completion certificate i.e. PY 2023-24.
  COMPUTATION OF CG [15% Shopping Mall] (PY 2023-24)
                                                                     `
 Full Value of Consideration                               65,00,000
 Less: Transfer Expenses                                          -----
 Net Consideration                                         65,00,000
 Less: Cost of Acquisition (414 Lakhs x 15%)             (62,10,000)
 Short Term Capital Gains                                   2,90,000
Question 9:
PQR Ltd. is a company in which the whole of its share capital was
held by LMN Ltd. Both PQR Ltd. and LMN Ltd. are Indian
companies. PQR Ltd. had made investment in shares Of Berkley
Ltd. in 1992 for 7,00,000 which it sold to LMN Ltd. on April 1, 2010
for a consideration of 42,00,000. The fair market value of these
shares of Berkley Ltd., as on April 1, 2001 is 32,00,000. LMN Ltd.
disinvested 7% of the shares held by it in PQR Ltd., in November
2023 by sale to public. It sold the shares in Berkley Ltd. acquired by
it from PQR Ltd. in February, 2024 for a sum of 95,00,000. Examine
the capital gains tax effect of these transactions in the hands of
PQR Ltd. and LMN Ltd. in the relevant assessment years, presuming
that the shares of Berkley Ltd. are unlisted shares. The cost inflation
index for the F.Y.2010-11 is 167 and F.Y.2023-24 is 348.
                                 179
         CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Answer 9:
(i)
Sale of shares of Berkley Ltd. by PQR to LMN on 1.4.2010:
Since LMN Ltd. is an Indian company which holds 100% of shares
of PQR Ltd., the transfer of capital asset, namely, shares of Berkley
Ltd., by PQR Ltd. to LMN Ltd. would not be treated as a transfer u/s
47. Hence, no capital gains tax would have been attracted on such
transfer in the hands of PQR Ltd.
(ii)
Disinvestment by LMN Ltd, of 7% shares in PQR Ltd in Nov,23:
As per section 47A(1), where a holding company ceases to hold
100% of shares of the subsidiary company before the expiry of a
period of eight years from the date of transfer of capital asset, the
amount of capital gains exempted at the time of transfer would be
deemed to be income chargeable under the head "Capital gains"
of the previous year in which such transfer took place. However,
in this case, the above deeming provision would not apply because
the eight-year period from the date of transfer expires on
31.3.2018 and the disinvestment by LMN Ltd. of 7% shares held in
PQR Ltd. was in November, 2023.
(iii)
Sale of shares of Berkley Ltd. by LMN Ltd. in February 2024:
This transaction would attract capital gains tax in the hands of LMN
Ltd. for the A.Y.2024-25. The capital gains would be long-term,
since the period of holding is more than 24 months.
The cost of acquisition to PQR Ltd. in the year 1992 (i.e., ` 7 lakhs)
or the FMV as on 1.4.2001 (` 32 lakhs), whichever is higher, would
be deemed as the cost of acquisition in the hands of LMN Ltd.
       COMPUTATION OF CAPITAL GAINS (for LMN Ltd.)
 Particulars                                                `
 Full Value of Consideration (SP)                         95,00,000
 Less: Indexed cost of acquisition                    - 1,11,36,000
 (` 32,00,000 × 348/100)
 Long-term Capital Loss                                (16,36,000)
                                 180
          CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Question 10:
Mr. Sanjay is a resident in India aged 55 years. He had an
impressive investment portfolio in various mutual funds.
He redeemed his entire mutual fund investment portfolio and
bought a villa in Lonavala for ` 2.00 crores to spend rest of his life
there. The details of mutual funds are as under –
 S.    Type of mutual        Date of      Date of      Amount         Amount
No.         fund           investment   redemption     invested     redeemed
                                                     (in ` lakhs)   (in ` lakhs)
 1    BLR growth fund      03.04.2020   05.06.2023       120            140
 2    ABC Strategic fund   04.05.2023   02.02.2024        46             50
 3    ABD Midcap fund      02.12.2022   05.07.2023       115            118
 4    SBA Growth fund      08.11.2021   12.12.2023       110            120
The funds stated at 1 and 2 have invested 30% of their proceeds in
equity shares of domestic companies and funds stated at 3 and 4
have invested 70% of their proceeds in equity shares of domestic
companies. The investment pattern of funds remained unchanged
over all the years. STT is paid at the time of acquisition and
redemption of mutual fund, wherever applicable.
You are required to compute the capital gains chargeable to tax in
the hands of Mr. Sanjay for A.Y. 2024-25. CII: 2020-21: 301;
2021-22: 317; 2022-23: 331; 2023-24: 348.
                                    181
        CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
Answer 10:
 COMPUTATION OF CAPITAL GAINS [ABC Strategic Fund]
[</= 35% Equity– Pur. on/after 1/4/23 – Sp. MF] – Sec.50AA
                                                   ` (lakhs)
 Full Value of Consideration                      50,00,000
 Less: Transfer Expenses                                  ----
 Net Consideration                                50,00,000
 Less: Cost of Acquisition                      - 46,00,000
 Always STCG [Slab Rates]                               4,00,000
  COMPUTATION OF CAPITAL GAINS [ABD Midcap Fund]
              [>/= 65% Equity – EOF] – Sec.111A
                                                   ` (lakhs)
 Full Value of Consideration                    1,18,00,000
 Less: Transfer Expenses                                  ----
 Net Consideration                              1,18,00,000
 Less: Cost of Acquisition                    - 1,15,00,000
 STCG [15% Tax]                                         3,00,000
  COMPUTATION OF CAPITAL GAINS [SBA Growth Fund]
               [>/= 65% Equity – EOF] – Sec.112A
                                                        ` (lakhs)
Full Value of Consideration                          1,20,00,000
Less: Transfer Expenses                                        ----
Net Consideration                                    1,20,00,000
Less: Cost of Acquisition [Indexation not allowed] - 1,10,00,000
Gross LTCG                                               10,00,000
Less: Exemption u/s 54F:                               - 10,00,000
[fully exempt as the net consideration of
1.2 crores is fully invested in villa at Lonavala]
Net LTCG [10% Tax]                                              Nil
                                 182
      CA SHIRISH VYAS / C.A. FINAL / IMP DT QUESTIONS
 COMPUTATION OF CAPITAL GAINS [BLR Growth Fund]
            [< 65% Equity – Debt fund] – Sec.112
                                                    ` (lakhs)
Full Value of Consideration                      1,40,00,000
Less: Transfer Expenses                                    ----
Net Consideration                                1,40,00,000
Less: Indexed Cost of Acquisition              - 1,38,73,754
            120 lakhs x 348    Trf.
                        301    Pur.
Gross LTCG                                            1,26,246
Less: Exemption u/s 54F:                               - 72,141
= Gross LTCG x Cost of New Asset/Net Cons..
= 1,26,246 x (2 cr. – 1.20 cr.)/1.40 cr.
Net LTCG [20% Tax]                                     54,105
                         SUMMARY
                                                ` (lakhs)
     STCG [ABC Strategic fund]                  4,00,000
     STCG [ABD Midcap fund]                     3,00,000
     LTCG [BLR Growth fund]                       54,105
     LTCG [SBD Growth fund]                           Nil
     Total Capital Gains                        7,54,105
                     ~~~~~~~~~~~~~
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