Section 112A of Income Tax Act 2025

Section 112A of the Income Tax Act, 1961 is a crucial provision that deals with the taxation of long-term capital gains (LTCG) arising from the transfer of certain specified assets. These assets include equity shares, units of equity-oriented funds or units of a business trust. This section levies a 12.5% long-term capital gains tax (LTCG) on gains exceeding Rs. 1.25 lakhs.

It was introduced to provide relief and clarity regarding the taxability and computation of LTCG. This article provides a detailed overview of what Section 112A states and how the income as well as consequent tax is calculated.

Scope of Section 112A

To avail of taxation benefits under Section 112A, you must meet the following conditions:

• Securities Transaction Tax (STT) must be paid on both purchase and sale of the equity shares or units.
• Only gains from long-term investments are eligible.
• No deductions under Chapter VI-A are allowed for these long-term capital gains.
• You cannot claim a rebate under Section 87A for tax payable under Section 112A.

Applicability of Section 112A

Section 112A of Income Tax Act, 1961 applies to all assessees that are liable to pay tax on LTCG arising from the transfer of specified assets. The following conditions should be met for calculating tax as per Section 112A:

• The sale includes units of a business trust, equity shares, or units of equity-oriented mutual funds.
• The securities are held for a period of more than one year and thus termed as long-term capital assets.
• 112A capital gains exceed Rs. 1 lakh.
• The buying and selling of equity shares, equity-oriented funds, or units of business trust are subject to Securities Transaction Tax.

Before and After the Amendment of Section 112A

LTCG taxation has undergone significant changes over the years. The major changes introduced in the amendment of Section 112A of Income Tax Act are as follows:

• Prior to 1 April, 2018, full exemption was provided for LTCG on listed equity shares and equity-oriented mutual funds under section 10(38) of the Income Tax Act, 1961. 
• From 1 April, 2018 onward, the government bought LTCG u/s 112A within the ambit of tax, with a 10% tax rate on LTCG over Rs. 1 lakh. 
• After 23 July, 2024, the tax rate on long-term capital gain has been increased to 12.5% for LTCG exceeding Rs. 1.25 lakhs.

Computation of Long-Term Capital Gains u/s 112A

Section 112A also specifies the manner of calculating the income for computing tax. Here is the step-by-step process to calculate the long-term capital gains tax on mutual fund units, equity shares and units of business trust for the purpose of Section 112A:

Step-1: Determine the full value of consideration: It is the actual amount received or accrued from the transfer of the specified asset.

Step-2: Deduct the following amounts from the full value of consideration:

• Expenditure for Transfer: Expenditure incurred wholly and exclusively in connection with the transfer.
• Indexed Cost of Acquisition: The cost adjusted for inflation using the Cost Inflation Index (CII).
• Indexed Cost of Improvement: The cost of improvements adjusted for inflation using the CII.

The indexed cost of acquisition and indexed cost of improvement are calculated using the following formula: Indexed Cost = (Cost of Acquisition or Improvement) × (CII of the year of transfer / CII of the year of acquisition or improvement).

Long-Term Capital Gain Tax Rate and Exemptions

The LTCG computed as per the above steps is taxable at a special long-term capital gain tax rate of 10% if it exceeds Rs. 1 lakh in a financial year.

To compute the total tax of the person having LTCG, the following steps should be followed:

• Tax @10% should be calculated on LTCG exceeding Rs. 1 lakh.
• Tax on all the other income should be calculated (excluding the LTCG already covered above) at the applicable tax rates.

Further, in the case of resident individuals and Hindu Undivided Families (HUFs):

• If the total income (excluding LTCG) is less than the basic exemption limit (Rs. 2.50 lakhs), then the LTCG can be adjusted against such basic exemption limit.
• The long-term capital gains can be adjusted against the rebate provided under Section 87A.

What is the Grandfathering Clause in Section 112A?

• The Grandfathering Clause was introduced to protect investors when LTCG on equity became taxable starting 1st February 2018.
• Before this, LTCG on equity shares and equity mutual funds was completely tax-free.
• This clause modifies how the purchase price of such securities is calculated to ensure only gains made after 1st February 2018 are taxed.
• For shares or units bought before 31st January 2018, the cost of acquisition is taken as the higher between the actual purchase price or the fair market value (FMV) as on 31st January 2018.
• This ensures that gains made before 31st January 2018 remain tax-free, and only profits earned after that are taxed.

Example for LTCG on Shares as per Grandfathering Rule

Let's understand LTCG on shares as per the grandfathering rule with an example.

Say Arjun made a lump-sum investment of Rs. 20 lakh in the shares of a listed company in June 2005. The FMV of this investment on 31st January 2018 was Rs. 40 lakh. In May 2019, he sold these shares for Rs. 43 lakh, resulting in an actual gain of Rs. 23 lakh.

However, due to the grandfathering rule, the cost of acquisition is adjusted to Rs. 40 lakh, bringing the taxable gains to just Rs. 3 lakhs.

Now, say Arjun had also invested Rs. 15 lakh in shares of a different listed company in February 2016. The FMV of this investment on 31st January 2018 was Rs. 4 lakhs, and he sold these shares in June 2019 for Rs. 10 lakh.

According to the grandfathering rule, the deemed cost of acquisition is Rs. 15 lakh, which is higher than both the FMV and sale price. Therefore, for tax purposes, Arjun incurred a capital loss of Rs. 5 lakh.

Let's understand this with a table.

Examples for Better Understanding of Section 112A

To better understand the application of Section 112A, let us consider a couple of practical examples:

Example 1

Mr. Kumar purchased 500 shares of XYZ Ltd. on 01 March 2019 at Rs. 100 per share. He sold all the shares on 15 April 2023 at Rs. 250 per share. Let us calculate his LTCG using the provisions of Section 112A.

• Step 1: Full value of consideration = 500 shares × Rs. 250 = Rs. 1,25,000
• Step 2: Indexed cost of acquisition = 500 shares x Rs. 100 × (348/280) = Rs. 62,143 (using the CII for the financial years 2018-19 and 2023-24)
• Step 3: LTCG = Full value of consideration – Indexed cost of acquisition = Rs. 1,25,000 – Rs. 62,143 = Rs. 62,857.

Since the LTCG is less than Rs. 1 lakh, no tax will be applicable in this case.

Example 2

Mrs. Roy bought 10,000 units of an equity-oriented mutual fund on 01 November 2019 at Rs. 50 per unit. She sold all the units on 01 June 2023 at Rs. 75 per unit. Let us calculate her long-term capital gain on equity mutual fund using the provisions of Section 112A.

• Step 1: Full value of consideration = 10,000 units × Rs. 75 = Rs. 7,50,000
• Step 2: Indexed cost of acquisition = 10,000 units x Rs. 50 × (348/289) = Rs. 6,02,076 (using the CII for the financial years 2019-20 and 2023-24)
• Step 3: LTCG = Full value of consideration - Indexed cost of acquisition = Rs. 7,50,000 - Rs. 6,02,076 = Rs. 1,47,924.

Since the long-term capital gain on equity mutual fund exceeds Rs. 1 lakh, a tax of 10% will be applicable on the amount exceeding Rs. 1 lakh. In this case, the taxable LTCG will be Rs. 47,924 (Rs. 1,47,924 – Rs. 1,00,000).

Exceptions to Section 112A

Certain exemptions from LTCG can reduce or eliminate the tax liability under Section 112A:

1. Grandfathering provision: For calculating the LTCG, the cost of acquisition and improvement can be taken as the higher of the actual cost or the fair market value as on 31 January 2018. This provision offers relief to individuals who held assets acquired before this date.

2. Loss adjustment: If an individual incurs a long-term capital loss on the transfer of specified assets, the loss can be set off against any other LTCG. If any loss remains unadjusted, it can be carried forward for up to 8 years and set off against future LTCG. Therefore, it is only the net gains (after adjusting the long-term capital loss) that shall be taxable if it exceeds Rs. 1 lakh during the financial year.

3. Indexation benefit: The indexed cost of acquisition and improvement, as mentioned earlier, allows individuals to adjust their costs for inflation, thereby reducing the taxable LTCG amount. Indexation allows the taxpayers to adjust their purchase cost at par with the inflation.

Conclusion

Section 112A of Income Tax Act, 1961 provides clear guidelines for the taxation of LTCG arising from the transfer of specified assets such as equity shares, units of equity-oriented funds and units of business trust. However, this section deals with only listed securities as the levy of STT is an essential component to attract taxation under this section. By understanding the computation methodology and the associated exemptions from LTCG, taxpayers can effectively plan their investments and tax liabilities. It is always advisable to consult a qualified tax professional for personalised guidance based on individual circumstances. For more such useful information, visit TATA Capital now!