Home > Income Tax > Capital Gain > Meaning of Capital Asset – Section 2(14)

Meaning of Capital Asset – Section 2(14)

Capital asset means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include—

      1. any stock-in-trade, consumable stores or raw materials held for the purposes of his business or profession
      2. personal effects, that is to say, movable property (including wearing apparel and furniture) held for personal useby the assessee or any member of his family dependent on him, but excludes—
        1. jewellery
        2. archaeological collections
        3. drawings
        4. paintings
        5. sculptures
        6. any work of art.

Explanation. —For the purposes of this sub-clause, “jewellery” includes—

a. ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals, whether or not containing any precious or semi-precious stone, and whether or not worked or sewn into any wearing apparel

b. precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel

  1. rural agricultural landin India, not being land situated—

a. in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year

b. in any area within such distance, not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a), as the Central Government may, having regard to the extent of, and scope for, urbanisation of that area and other relevant considerations, specify in this behalf by notification in the Official Gazette

  1. 6½% Gold Bonds 1977, 7% Gold Bonds 1980, National Defence Gold Bonds 1980 issued by the Central Government
  2. Special Bearer Bonds, 1991, issued by the Central Government
  3. Gold Deposit Bonds issued under the Gold Deposit Scheme, 1999 notified by the Central Government.

Explanation.— For the removal of doubts, it is hereby clarified that “property” includes and shall be deemed to have always included any rights in or in relation to an Indian company, including rights of management or control or any other rights whatsoever.

 

Leave a Reply

Your email address will not be published. Required fields are marked *