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Query asked by K Shah on July 26, 2021

Re: how to LTCG on shares for NRI 112A? or 115AD

sir,
I am an NRI (individual) with long term capital gain (loss) from share trading in my NRO shares.
i am not clear if i should provide details in 112A or i15A? or both?
they look similar and the details are too technical for me to understand

Section 115A of the Income-tax Act, 1961 (Act) pertains to “Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer” which is not the case of the assessee as the assessee is an individual.

 

Section 112A of the Act pertains to “Tax on long-term capital gains in certain cases” which was introduced vide Finance Act, 2018 when exemption on long term capital gains under section 10(38) of the Act was repealed.

 

Further, section 112(c) relates to Capital Gains on long term capital gains for a non-resident. 

 

Therefore, the section 112 and 112A (if applicable) of the Act should be applicable to the case of the assessee. 

 


 

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