CA Final Paper 4 • Module 1: Substantive Tax Provisions

Chapter 4: Capital Gains & Corporate Reorganizations

⚡ Fast-Track High-Yield Revision Income-tax Act, 2025 & FA 2026 Ready
⚡ Fast-Track Quick Notes 📖 Full In-Depth Notes (Theory + TYKs)

1. Rationalized Holding Periods & Tax Rates (Post-Finance Act)

Asset Classification STCA Period LTCA Period Applicable Tax Rates
Listed Equity Shares, Units of Equity MF, UTI, Zero Coupon Bonds $\le$ 12 Months > 12 Months • STCG u/s 111A: 20% (increased from 15%)
• LTCG u/s 112A: 12.5% in excess of ₹ 1,25,000
Unlisted Shares & All Immovable Properties (Land/Building) $\le$ 24 Months > 24 Months • STCG: Normal slab rates / 30%
• LTCG u/s 112: 12.5% without indexation
All Other Assets (Jewellery, Debt MFs, Paintings) $\le$ 24 Months > 24 Months • LTCG: 12.5%
• Specified Debt MFs (acquired post 1-4-23): Always STCG u/s 50AA
Grandfathering Rule for Property Acquired before 23 July 2024:
For resident individuals/HUFs transferring land/building acquired before 23-07-2024, tax payable is the LOWER of:
(a) Tax @ 12.5% without indexation, OR
(b) Tax @ 20% with indexation benefit!

2. Slump Sale Architecture (Section 50B)

Step Item Statutory Valuation Rule
Step 1 Full Value of Consideration (FVC) Higher of: (a) Actual Consideration agreed, or (b) FMV of undertaking computed under Rule 11AAE (FMV1 vs FMV2).
Step 2 Cost of Acquisition (Net Worth) • Depreciable assets: Aggregate WDV u/s 43(6).
• Non-depreciable assets: Book value.
• Revaluation of assets: Completely ignored.
• Less: Total outside liabilities at book value.
Step 3 Nature of Capital Gain If undertaking held $\le$ 36 months: STCG. If held > 36 months: LTCG (No indexation).

3. Stamp Duty Valuation Safe Harbor (Sec 50C, 43CA, 56(2)(x))

Where the Stamp Duty Value (SDV) does not exceed 110% of the actual sale consideration, the actual consideration is adopted as the Full Value of Consideration.

Safe Harbor Test:
If $ ext{SDV} \le 1.10 imes ext{Actual Consideration} \implies ext{Full Value of Consideration} = ext{Actual Consideration}$.
If $ ext{SDV} > 1.10 imes ext{Actual Consideration} \implies ext{Full Value of Consideration} = ext{Stamp Duty Value (SDV)}$.

Date of Agreement Rule: SDV on the date of agreement can be taken IF at least part of the consideration was received by banking channel (A/c payee cheque, DD, ECS) on or before agreement date.

4. Master Capital Gains Exemption Table

Section Eligible Assessee Asset Transferred New Asset to be Acquired Investment Time Limit & Ceiling
Sec 54 Individual / HUF Long-Term Residential House One Residential House in India (Two if CG $\le$ ₹ 2 Cr, once in lifetime) Purchase: 1 yr before / 2 yrs after; Construct: 3 yrs after.
Max cap: ₹ 10 Crores.
Sec 54EC Any Assessee Long-Term Land or Building Bonds of NHAI / REC / PFC / IRFC Within 6 months from transfer date.
Max cap: ₹ 50 Lakhs.
Sec 54F Individual / HUF Any Long-Term Asset (other than residential house) One Residential House in India Purchase: 1 yr before / 2 yrs after; Construct: 3 yrs.
Exemption = $ ext{LTCG} imes rac{ ext{Amount Invested}}{ ext{Net Consideration}}$.
Max cap on investment: ₹ 10 Crores.

5. Critical Exam Pitfalls

Trap 1: Sec 54EC Bonds 6-Month Deadline!
Investment must strictly be made within 6 months from the date of transfer. If transfer takes place on 31st January, investment must be made on or before 31st July (not end of financial year)!
Trap 2: Depreciable Assets Capital Gains (Section 50)!
Capital gains on depreciable assets are ALWAYS treated as Short-Term Capital Gains, regardless of the period of holding of the asset.