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TMI Blogsection 10(38)X X X X Extracts X X X X X X X X Extracts X X X X ..... section 10(38) X X X X Extracts X X X X X X X X Extracts X X X X ..... al Gain on sale of shares held for more then 12 months is exempt if the shares under consideration are listed on a stock exchange in India. What is the position if ESOP are allotted and sold outside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India, ( employee is Indian resident ,working and based in India) on foreign stock exchange and the sale price also recieved in another country. Is there tax exemtion on capital gains for this type of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gain in any other section of the income tax act. Reply By sanjeev bajaj: The Reply: Dear Sunil K. Jain Section 10(38) is not applicable in this case as no STT is charged/paid. There is no other s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection where exemption is applicable to this. You have not clarified whether the shares sold are listed in stock exchange of India or not. If not then it will be LTCG if shares are held for more tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 36 months otherwise it will be STCG (See definition of STCG) If it is listed in Stock exchange of India then clause d of sub section (1) of Section 112 will apply and 10% rate will be applicable. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... You have also see the DTAA.
Regards
SANJEEV BAJAJ X X X X Extracts X X X X X X X X Extracts X X X X
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