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Microlesson · 5-min read

Calculation of Capital Gains [Section 48]

## Calculation of Capital Gains [Section 48]

Section 48 prescribes the mode of computation of capital gains. The structure is the same for both Short Term Capital Gain (STCG) and Long Term Capital Gain (LTCG); the only difference is that LTCG is computed for assets held beyond the prescribed holding period.

### Formula (applies to both STCG and LTCG)

ParticularsAmount
Full Value of Consideration / Sale Consideration (FVOC/SC)XX
(-) Transfer Expenses(XX)
Net Sale ConsiderationXX
(-) Cost of Acquisition (COA)(XX)
(-) Cost of Improvement (COI)(XX)
Capital Gain / (Loss)XX / (XX)

### Assets that are ALWAYS Short Term (regardless of holding period)

Even if held for many years, gains on these assets are taxed as STCG:

  • Market Linked Debentures (MLDs) — covered u/s 50AA
  • Specified Mutual Fund units (acquired on or after 1.4.2023) — covered u/s 50AA
  • Unlisted Bonds / Debentures — covered u/s 50AA
  • Depreciable Assets (block of asset concept under section 50)

### Why this matters

The classification of STCG vs LTCG changes:

  • The tax rate applicable
  • The availability of indexation (where applicable)
  • The eligibility for exemptions (Sections 54, 54B, 54D, etc., are mostly LTCG-specific)

Worked example

### Example 1

Example: Mr. A sold a house for ₹50,00,000. Brokerage paid ₹50,000. COA ₹20,00,000. COI ₹3,00,000. Holding period > 24 months.

ParticularsAmount (₹)
Sale Consideration50,00,000
(-) Transfer Expenses (Brokerage)(50,000)
Net Sale Consideration49,50,000
(-) COA(20,00,000)
(-) COI(3,00,000)
LTCG26,50,000

⚠️ Common exam mistakes

  • Treating gains on unlisted bonds/debentures as LTCG when held > 24 months — they are ALWAYS STCG u/s 50AA.
  • Forgetting that depreciable assets always give STCG even if held for many years.
  • Deducting Securities Transaction Tax (STT) as transfer expense — STT is specifically NOT allowed as deduction.
  • Confusing the format of STCG and LTCG — the structure of computation is identical; only the holding period changes the classification.
Bare-Act text Section 48 · Income-tax Act, 1961 · click to expand
The income chargeable under the head 'Capital gains' shall be computed by deducting from the full value of the consideration received or accruing as a result of the transfer of the capital asset the following amounts, namely:— (i) expenditure incurred wholly and exclusively in connection with such transfer; (ii) the cost of acquisition of the asset and the cost of any improvement thereto.
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