TaxTMI 
TaxTMI 
section 10(38)
X X X X Extracts X X X X
X X X X Extracts X X X X
....ection 10(38)<br> Query (Issue) Started By: - Sunil K. Jain Dated:- 27-6-2011 Last Reply Date:- 10-8-2011 Income Tax<br>Got 1 Reply<br>Income Tax<br>Under section 10 (38) of Income Tax Act, the Capita....
X X X X Extracts X X X X
X X X X Extracts X X X X
....l 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 I....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ndia, ( 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 se....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ction 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 than....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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. Y....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ou have also see the DTAA. Regards SANJEEV BAJAJ<br> Discussion Forum - Knowledge Sharing ....