Special Provision for Non-Residents - First Proviso to Section 48
# First Proviso to Section 48 — Capital Gain Computation for Non-Residents
## Applicability
Asset Transferred: Shares or debentures of an Indian Company
Assessee:Non-Resident who acquired the asset using foreign exchange
## Mechanism (Foreign Currency Computation)
Capital gain is first computed in the same foreign currency originally invested, then reconverted to INR.
### Step-wise Computation
Particulars
Amount (FC)
Sale Consideration in Foreign Currency [Avg. of TTBR & TTSR on date of transfer]
XX
(−) Transfer Expense in Foreign Currency [Avg. of TTBR & TTSR on date of transfer]
(XX)
Net Sale Consideration
XX
(−) Cost of Acquisition in Foreign Currency [Avg. of TTBR & TTSR on date of purchase]
(XX)
STCG/LTCG (in Foreign Currency)
XX
Final Step: Reconvert STCG/LTCG into Indian Rupees using TTBR on date of transfer.
TTBR / TTSR = Telegraphic Transfer Buying / Selling Rate of State Bank of India.
## Exclusion
This proviso does NOT apply where Section 112A applies (i.e., LTCG on STT-paid listed equity shares).
## Other Notes
This special provision overrides normal capital gain computation rules for NRs (no indexation benefit).
The benefit is mandatory (not optional) where conditions are met.
Worked example
### Example 1
Example: Mr. John (NR, USA) purchased 1,000 shares of an Indian company on 1.4.2020 for ₹ 5,00,000 when USD-INR avg (TTBR+TTSR)/2 = ₹ 50. Sold on 1.6.2025 for ₹ 12,00,000 when avg rate = ₹ 80. TTBR on transfer date = ₹ 81. In Foreign Currency: Sale = 12,00,000 / 80 = $15,000; COA = 5,00,000 / 50 = $10,000; LTCG = $5,000. Reconvert at TTBR on transfer date: LTCG = $5,000 × ₹ 81 = ₹ 4,05,000.
⚠️ Common exam mistakes
Granting indexation benefit when this proviso applies — indexation is NOT available.
Using only TTBR instead of average of TTBR and TTSR for sale consideration / COA.
Applying this proviso to LTCG covered by Section 112A (it doesn't apply).
Applying it to assets other than shares/debentures of an Indian Company.
Bare-Act text First Proviso to Section 48 · Income Tax Act, 1961 · click to expand
First Proviso to Section 48: In case of an assessee, who is a non-resident, capital gains arising from the transfer of a capital asset, being shares in, or debentures of, an Indian company, shall be computed by converting the cost of acquisition, expenditure on transfer, and full value of consideration into the same foreign currency originally utilised in the purchase of the shares/debentures, and the capital gain so computed shall be reconverted into Indian currency.