Books Authors Publishers

Capital Gain Treatise

[Available]

₹1665

Author(s)

Avadhesh Ojha, Manoj Gupta

Publisher

Tax Publisher

ISBN

Edition

2017

Pages | Format

Approx. Product Size

Note : The book Capital Gain Treatise" contains 142 chapters.

Preface

GST fever is on. The whole nation is waiting for the most revolutionary change since the independence of our country. The Central Government and State Governments are making every effort to introduce the Goods and Service Tax Law with effect from 1-7-2017. Many States also have already passed their respective States’ Goods and Service Tax Acts. The day is not far when Indian economy would witness the impact of the biggest indirect tax reform to happen in the coming Goods and Service Tax (GST) regime.

The whole nation is now in a transition phase for stepping into the GST regime. This book aims at diffusing the confusion prevailing in the area of the process and procedure of the transition. An attempt is made herein to solve issues and the problems likely to come by. Migration being an inherent part of transition, is also dealt to begin with. Registration being omnipresent in the whole process is also touched upon to the extent relevant.

This book has been thoughtfully divided into Six Parts comprising all the statutory provisions related to Registration for and Migration and Transition into the GST regime, alongwith the related procedural aspects, in terms of the relevant Rules and Forms.

Part I of the book deals with the importance and process of Migration. It also develops the basic understanding of the GSTN together with the registration process in the transition phase as also when already into the GST phase.

Part II is devoted to the special provisions concerning Input Tax Credit which is the basic object of the GST aiming at ensuring free flow of the input tax credit. The attempt herein is to cover almost all kinds of fact situations and the mechanisms to handle them for the purpose of successful availment of the input tax credit flowing from the pre-GST regime into the post-GST regime.

Part III is concerned with the specific transition provisions related to refund applied for, refund to be applied for, goods sent on approval, appeal, review or reference, adjudication proceedings and return of goods, etc., with the help of some graphical (flow chart) representations so as to attain the basic understanding of the issue in point.

Part IV of the book incorporates as many as Twenty Six Case Studies and practical problems to cover practically all kinds of fact situations. The authors have tried to cover varied situations and different aspects in the Case Studies with a view to explaining the actual happenings in the process of availment of input tax credits in cases with different factual contexts.

Part V reproduces the FAQs released by CBEC on 31-3-2017 immediately after passing of the CGST Act 2017 so as to explain the statutory provisions and the rules relevant thereto.

The concluding Part VI reproduces all the statutory provisions concern-ing the transitional processes and procedures with the reproduction of even the related Rules and the Forms, apart from the Sections.

While everyone, the Authors not excluded, are not fully confident about the uncertainties emerging and confronting in the initial phase of implementation of the GST, it is certain that the present work will, at the least, ease the first phase, being migration into and handling of the transition phase which are going to be the first and immediate happenings.

I am pleased to introduce my co-author Akash Phophalia who is a welcome addition to our Creative Cell (now in its 37th Year). He is a young man who is in practice in indirect taxes since 2010. He is a fellow member of the Institute of Chartered Accountants of India. He has a strong tendency towards learning and also making it known through his various diplomas and certificate courses apart from M.Com. FCA, Company Secretary Course, and what not. Currently he is one of the faculties on GST as recognized by the Institute of Chartered Accountants of India. His enthusiasm is certainly appealing to me.

I would feel obliged on receiving any constructive suggestions, even criticisms.

Chapter No	Chapter name
PART: A	CAPITAL GAINS & CHARGEABILITY TO TAX
Chapter: 1	Bird’s-Eye View of Capital Gains Provisions
Chapter: 2	Capital Gains and Chargeability Thereof
Chapter: 3	Capital Gains and Clubbing of Income
Chapter: 4	Taxability of Gains from Transfer of Immovable Property
Chapter: 5	Gains Arising from Transfer of Intangible Assets
Chapter: 6	Gains Arising from Sale of Trees
Chapter: 7	Instances of Chargeability as Capital Gains
Chapter: 8	Receipts Not Chargeable to Capital Gains
Chapter: 9	Year of Chargeability of Capital Gains
Chapter: 10	Capital Loss Situations
PART: B	CAPITAL ASSETS
Chapter: 11	Definition and Relevance of Capital Asset
Chapter: 12	Property of Any Kind
Chapter: 13	Instances of Assets Held as “Capital Asset”
Chapter: 14	Instances of Asset Not Being a “Capital Asset”
Chapter: 15	Stock-in-Trade, Consumable Stores and Raw Material
Chapter: 16	Income From Dealing in Securities in Case of Foreign Institutional Investors
Chapter: 17	Personal Effects
Chapter: 18	Utensils Made of Precious Metals Vis-a-Vis Personal Effects
Chapter: 19	Jewellery as Capital Asset
Chapter: 20	Drawings, Paintings, Etc. as Capital Assets
Chapter: 21	Agricultural Lands
Chapter: 22	Capital Gains From Transfer of Agricultural Lands [Position Upto Assessment Year 2013-14]
Chapter: 23	Capital Gains From Agricultural Lands [w.e.f. A.Y. 2014-15]
Chapter: 24	Gold Bonds
Chapter: 25	Special Bearer Bonds, 1991
Chapter: 26	Self Generated Capital Assets
Chapter: 27	Membership Right of Stock Exchange
PART: C	NATURE OF CAPITAL ASSET/GAIN
Chapter: 28	Short Term Capital Asset/Gain
Chapter: 29	Long Term Capital Asset/Gain
Chapter: 30	Determination of Period of Holding of Capital Asset
Chapter: 31	Date of Acquisition of Capital Asset in Particular Circumstances
Chapter: 32	Case of Land With Superstructure
PART: D	TRANSFER
Chapter: 33	Transfer in Relation to Capital Gains --Statutory Position
Chapter: 34	Compensation Regarding Settling of Inequalities in Joint Family
Chapter: 35	“Held to be Transfer” Case Law
Chapter: 36	“Held Not to be Transfer” Case Law
Chapter: 37	Relinquishment
Chapter: 38	Extinguishment
Chapter: 39	Agreement to Sale with Possession of Immovable Property
Chapter: 40	Transfer Consequent to Reduction of Share Capital
Chapter: 41	Transactions Not Regarded as Transfer
Chapter: 42	Certain No Transfer Cases Under Section 47 to be Become Transfer Cases [S.47A]
PART: E	CHARGEABILITY UNDER SPECIAL CIRCUMSTANCES
Chapter: 43	Taxability of Insurance Claim Against Damage or Destruction of Asset [Section 45(1A)]
Chapter: 44	Conversion of Capital Asset into Stock-in-Trade [Section 45(2)]
Chapter: 45	Transfer of Security Via Depository System [Section 45(2A)]
Chapter: 46	Contribution of Capital Asset to Firm/AOP/BOI [Section 45(3)]
Chapter: 47	Transfer of Capital Asset on Dissolution of Firm/AOP/BOI [Section 45(4)]
Chapter: 48	Amount Received on Retirement from Partnership [Section 45(4)]
Chapter: 49	Consequence of Distribution of Assets on Retirement of Partner in Firm’s Hands [Section 45(4)]
Chapter: 50	Retiring Partner Taking Money Towards his Share in Case of No Distribution of Assets [Section 45(4)]
Chapter: 51	Compulsory Acquisition of Property [Section 45(5)]
Chapter: 52	Investment in Equity Linked Saving Schemes [Section 45(6)]
Chapter: 53	Distribution of Assets by Company in Liquidation [Section 46]
Chapter: 54	Company Buying Back Shares or Other Specified Securities [S. 46A]
Chapter: 55	Capital Gains in Case of Depreciable Assets [Section 50]
Chapter: 56	Assets of Power Companies Depreciated on SLM Basis
Chapter: 57	Mortgage of Assets and Capital Gains
Chapter: 58	Securities Lending Scheme
PART: F	COMPUTATION OF CAPITAL GAINS
Chapter: 59	Framework for Computation
Chapter: 60	Full Value of Consideration
Chapter: 61	Expenditure in Relation to Transfer
Chapter: 62	Cost of Acquisition--General [S. 55(2)]
Chapter: 63	Cost of Acquisition with Reference to Certain Modes of Acquisition [S. 49]
Chapter: 64	Cost of Acquisition--Judicial View
Chapter: 65	Cost of Acquisition of Property Blended with HUF Character
Chapter: 66	Cost of Acquisition of Property Blended with HUF Character
Chapter: 67	Cost of Improvement of Capital Asset
Chapter: 68	Indexed Cost of Acquisition and Indexed Cost of Improvement
Chapter: 69	Base Year for Indexation Under Varying Situations
Chapter: 70	Fair Market Value
Chapter: 71	Receipt of Advance Money in Lieu of Transfer
PART: G	IMPLICATIONS OF SECTION 50C
Chapter: 72	Deeming Full Value of Consideration in Case of Land or Building or Both
Chapter: 73	Applicability of Section 50C in Varying Situations
Chapter: 74	Rights in Property and Applicability of Section 50C
Chapter: 75	Extension of Scope of Section 50C to Purchaser
Chapter: 76	Reference to Valuation Officer Vis-a-Vis Section 50C
Chapter: 77	Section 50C and Concealment Penalty
PART: H	LAND DEVELOPMENT AGREEMENTS (LDA) AND TRANSFERABLE DEVELOPMENT RIGHTS
Chapter: 78	Land Development Agreements Scheme
Chapter: 79	Point of Time of Taxation of Gain Arising Due to Land Development Agreement (LDA)
Chapter: 80	Accrual and Nature of Gain under Land Development Agreement
Chapter: 81	Year of Chargeability of Gain Under LDA
Chapter: 82	Landmark Land Development Agreement Decisions
Chapter: 83	Issues Allied to Land Development Agreements
Chapter: 84	Taxation Issues Generating from Land Development Agreements
Chapter: 85	Sale of Transferable Development Rights (TDR)
PART: I	EXEMPTIONS FROM CAPITAL GAINS
Chapter: 86	Compensation Against Compulsory Acquisition of Agricultural Land [Section 10(37)]
Chapter: 87	Gains from Transfer of Specified Capital Asset [Section 10(37A)]
Chapter: 88	Conditions Regarding and Amount of Exemption Under Section 54
Chapter: 89	Transfer of Land Appurtenant
Chapter: 90	Issue of Purchase/Construction of New House
Chapter: 91	Reckoning of Statutory Time Limit for Purchase/Construction of New House
Chapter: 92	Investment of Capital Gains in Two or More Residential Houses/Flats
Chapter: 93	Registration of Documents Vis-a-Vis Section 54 Exemption
Chapter: 94	Co-ownership Situations Vis-a-Vis Section 54
Chapter: 95	Deposit of Unutilised Amount in Capital Gains Account Scheme [CGAS]
Chapter: 96	Transfer of Land Used for Agricultural Purposes [Section 54B]
Chapter: 97	Compulsory Acquisition of Land and Building [Section 54D]
Chapter: 98	Investment in Specified Bonds [Section 54EC]
Chapter: 99	Gains Arising from Transfer of Depreciable Assets Invested in Assets Specified Under Section 54EC/54F
Chapter: 100	Deduction of LTCG Arising from Transfer of Long-term Asset Where Investment Made in Units of Specified Fund [Section 54EE]
Chapter: 101	Determination of and Amount of Exemption Under Section 54F [Section 54F]
Chapter: 102	Purchase/Construction of New House [Section 54F]
Chapter: 103	Investment in Capital Gains Account Scheme [CGAS] [Section 54F]
Chapter: 104	Computation of Exemption Under Section 54F, Vis-a-Vis Under S. 50C
Chapter: 105	Capital Gains Invested in Two or More Residential Houses/Flats--Exemptibility Under Section 54/54F
Chapter: 106	Simultaneous Allowability of Exemptions Under Sections 54/54F
Chapter: 107	Other Issues Relevant to Section 54F
Chapter: 108	Transfer of Assets on Shifting of Industrial Undertaking from Urban Area [Section 54G]
Chapter: 109	Transfer of Assets on Shifting of Industrial Undertaking from Urban Area to Special Economic Zone [Section 54GA]
Chapter: 110	Capital Gains from Transfer of Residential House in Certain Cases [Section 54GB]
Chapter: 111	Extension of Time for Acquiring New Asset or Depositing in CGAS [S. 54H]
Chapter: 112	Capital Gains Account Scheme [CGAS]
PART: J	RATES OF CAPITAL GAINS TAX
Chapter: 113	Rates of Capital Gains Tax
Chapter: 114	Non-residents, Whether Entitled to Benefit of First Proviso to S. 112(1)
PART: K	SHARES, BONDS, DEBENTURES, UNITS & STOCK OPTIONS
Chapter: 115	Computation of Capital Gains from Equity Shares, Units, Etc. [Ss. 10(33), 10(36), 10(38) and 111A]
Chapter: 116	Head of Income in Respect of Income from Dealing in Shares
Chapter: 117	Transfer of Shares Held in Sri-Lanka Based Company
Chapter: 118	Transactions Under Portfolio Management Scheme
Chapter: 119	Chargeability of Capital Gains in Case of Debentures
Chapter: 120	Assessment of Capital Gain on Transfer of Bonus Shares, Units, Etc.
Chapter: 121	Bonus Shares Acquired Before 1-4-1995 Vis-a-Vis Cost of Acquisition
Chapter: 122	Deep Discount Bonds and STRIPS
Chapter: 123	Shares Acquired on Conversion of Debentures/Preference Shares
Chapter: 124	Zero Coupon Bonds
Chapter: 125	Employees’ Stock Options
Chapter: 126	Global Depository Receipts Held by Residents
PART: L	ASSESSEE SPECIFIC CAPITAL GAINS TAXATION
Chapter: 127	Non-Residents and Capital Gains Taxation
Chapter: 128	Special Provisions Vis-a-Vis Investment Incomes of NRIs [Ss. 115C & 115-I]
Chapter: 129	Transfer of Shares, Etc., by Non-Residents
Chapter: 130	Capital Gain of Charitable Trusts
PART: M	BUSINESS REORGANISATIONS
Chapter: 131	Capital Gain Consequences Vis-a-Vis Amalgamation of Companies
Chapter: 132	Demerger and Capital Gains
Chapter: 133	Slump Sale and Capital Gains
Chapter: 134	Conversion of Firm or Proprietary Concern into Company
Chapter: 135	Business Reorganisation of Co-operative Banks
Chapter: 136	Conversion of Private Company/ Unlisted Public Company into LLP
PART: N	REFERENCE TO VALUATION OFFICER & TREATMENT OF LOSSES
Chapter: 137	Reference to Valuation Officer
Chapter: 138	Carry Forward and Set Off of Losses Under “Capital Gains Head” [S. 74]
PART: O	TAX PLANNING IDEAS
Chapter: 139	Tax Planning Ideas
PART: P	COMPUTATIONAL PROBLEMS WITH SOLUTIONS (II) REAL LIFE QUERIES WITH REPLIES (III) ILLUMINATING CASE STUDIES WITH CONSIDERED OPINIONS
Chapter: 140	Computational Problems with Solutions
Chapter: 141	Real Life Queries with Replies
Chapter: 142	Illuminating Case Studies with Considered Opinions

Chapter: 100 - Deduction of LTCG Arising from Transfer of Long-term Asset Where Investment Made in Units of Specified Fund [Section 54EE]

Will update soon

Chapter: 109 - Transfer of Assets on Shifting of Industrial Undertaking from Urban Area to Special Economic Zone [Section 54GA]

Will update soon

PART: P - COMPUTATIONAL PROBLEMS WITH SOLUTIONS (II) REAL LIFE QUERIES WITH REPLIES (III) ILLUMINATING CASE STUDIES WITH CONSIDERED OPINIONS

Will update soon

Categories

Legal Book List

Capital Gain Treatise

Capital Gain Treatise

[Available]

Preface