Section 112 of ITA, 1961 : Section 112: Tax On Long-Term Capital Gains
ITA, 1961
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Explanation using Example
Let's say Mr. Sharma, a resident individual, sold a piece of land that he had owned for more than 3 years, which qualifies it as a long-term capital asset. The sale resulted in a long-term capital gain of INR 10,00,000. His other income for the year (from salary, interest, etc.) amounts to INR 5,00,000.
According to Section 112 of the Income-tax Act, 1961, Mr. Sharma's tax liability would be calculated as follows:
- First, calculate the tax on his total income excluding the capital gain, which is INR 5,00,000. Assume the tax on this amount is INR 30,000.
- Next, calculate the tax on the long-term capital gains at a flat rate of 20%, which would be INR 2,00,000 (20% of INR 10,00,000).
- Mr. Sharma's total tax liability would be the sum of the above two amounts, i.e., INR 30,000 + INR 2,00,000 = INR 2,30,000.
However, if Mr. Sharma's total income excluding the capital gain was below the taxable limit, he could reduce his long-term capital gains by the shortfall amount before calculating the 20% tax on the remaining capital gains.