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Microlesson · 5-min read

Cost of Acquisition — Normal & Special Cases

## Cost of Acquisition (COA)

### Normal Case

COA = Purchase Price + All expenses related to purchase (registration, brokerage on purchase, legal fees on purchase) — except STT (which is never deductible).

### Special Cases

#### (i) Asset acquired through transactions not regarded as transfer

Where asset is received via gift, will, partition of HUF, etc. (not regarded as transfer u/s 47):

COA = Purchase price of previous owner.

#### (ii) Goodwill, brand name, trademark, right to manufacture, stage permit, loom hours, other intangible assets

  • Self-generated → COA = Nil
  • Purchased → COA = Purchase Price

#### (iii) Bonus Shares

When allottedCOA
Before 1.4.2001FMV as on 1.4.2001
On or after 1.4.2001Nil

Note: If Section 112A applies (listed equity LTCG) and bonus shares were allotted before 31.1.2018, COA = FMV as on 31.1.2018 (grandfathering).

#### (iv) Sweat Equity Shares (ESOP)

COA = FMV on the date the option is exercised (this is the same value that was taxed earlier as perquisite under salary head).

#### (v) Right Shares

  • If subscribed by the assessee → COA = Purchase Price (issue price paid to company)
  • If right offer is renounced/sold to a third party → COA = Nil, and the entire renouncement price = STCG to the renouncer
  • For the purchaser who acquires from renouncer: COA = Amount paid to company + Renouncement Price paid

#### (vi) Depreciable Asset

COA = WDV (Written Down Value) of the block as on 1st April of the year of transfer (Section 50).

#### (vii) Asset acquired before 1.4.2001

COA = Higher of:

  • FMV as on 1.4.2001, OR
  • Actual Purchase Price of assessee / previous owner

Special rule for Land & Building: FMV as on 1.4.2001 cannot exceed SDV as on 1.4.2001. So:

  • If FMV > SDV on 1.4.2001 → FMV is capped at SDV → COA = Higher of (SDV, Purchase Price)

#### (viii) Shares received under Demerger (from Resulting Company)

COA of Resulting Co. shares = COA of shares in Demerged Co. × (Net Book Value of Assets transferred to Resulting Co. ÷ Net Worth of Demerged Co.)

Correspondingly, COA of original shares in demerged company is reduced by the same amount.

Worked example

### Example 1

Bonus Shares Example: 100 bonus shares allotted in 2022. COA = Nil. If sold at ₹500 per share, full ₹50,000 is taxable.

### Example 2

Demerger Example: Mr. Ronak holds shares of Hero Ltd. (Demerged Co.) — original cost ₹10 lakh. Hero Ltd. demerges, transferring assets of ₹10 crore (net book value) to Heroine Ltd. (Resulting Co.). Net worth of Hero Ltd. before demerger = ₹50 crore.

COA of Heroine Ltd. shares = ₹10,00,000 × (10 cr / 50 cr) = ₹2,00,000.

COA of remaining Hero Ltd. shares = ₹10,00,000 − ₹2,00,000 = ₹8,00,000.

If Ronak sells Heroine Ltd. shares to Pawan for ₹12,00,000: Capital Gain = ₹12,00,000 − ₹2,00,000 = ₹10,00,000.

### Example 3

Pre-2001 L&B Example: Land purchased in 1985 for ₹50,000. FMV on 1.4.2001 = ₹8,00,000. SDV on 1.4.2001 = ₹6,00,000.

FMV capped at SDV → ₹6,00,000. COA = Higher of (₹6,00,000, ₹50,000) = ₹6,00,000.

⚠️ Common exam mistakes

  • Taking COA of bonus shares allotted post-2001 as anything other than Nil.
  • Forgetting that COA of self-generated goodwill is Nil (now also brand name, trademark, etc.).
  • Not applying the SDV cap on FMV-as-on-1.4.2001 for land and building.
  • Confusing 'cost to previous owner' with 'cost to assessee' for gifted/inherited assets.
  • Treating renouncement price as LTCG even when the right itself was held only briefly — sale of right is always STCG.
Bare-Act text Sections 48, 49, 55 · Income-tax Act, 1961 · click to expand
The income chargeable under the head 'Capital gains'... the cost of acquisition of the asset and the cost of any improvement thereto.
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