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CS Executive · Tax Laws and Practice · Capital Gains

Under the Income-tax Act, 2025, an assessee earns capital gains on transfer of land used for an industrial undertaking in an urban area, in consequence of shifting the undertaking to a Special Economic Zone. The gain is Rs 50 lakh and the cost of new assets in the SEZ is Rs 35 lakh. What is the capital gain charged for the tax year of transfer?

Rs 15 lakh is charged. Where the cost of the new asset in the Special Economic Zone is less than the capital gain, only the shortfall is taxed. The shortfall is Rs 50 lakh minus Rs 35 lakh, which is Rs 15 lakh.

  1. ANil
  2. BRs 35 lakh
  3. CRs 15 lakhCorrect
  4. DRs 50 lakh

Explanation

Where the cost of the new asset is less than the capital gain, the difference is charged as income of the tax year. Here 50 - 35 = Rs 15 lakh. Nil would apply only if the new asset cost was equal to or more than the gain, and Rs 35 lakh wrongly charges the amount invested.

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