Any profit or gain arising from the transfer of a capital asset during the Previous Year(PY) is chargeable to tax under the head ‘Capital Gains’ in the immediately following Assessment Year(AY) i.e. if you made gains in 2010-2011 (PY), it will be chargeable to tax in 2011-12(AY).
Liability under this head arises when certain conditions are fulfilled:
Now lets understand the how act defines Capital Asset:
Capital asset means property of any kind held by assessee, whether or not connected with his business or profession.
- However following assets are excluded:
There is something interesting about Jewellery and capital gains. As per the Act,
- Jewellery is a capital asset
- Jewellery for this purpose includes the following:
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Ornaments made of silver, gold, platinum or any other precious metal or any alloy containing one or more such precious metals whether or not containing any precious or semi-precious stone and whether or not worked or sewn in to wearing apparel.
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Example: You must have seen Salman Khan wearing a tie with expensive diamonds. For taxation purpose that tie is considered as capital asset.
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Example: Somebody melts gold and silver and makes vessels out of it. All those vessels are also considered as capital assets.
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Precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel
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Example: Let say somebody makes sofa set which has precious stones set in it. For tax purpose that sofa set is a capital asset.
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Types of Capital Assets:
