Answer

ITR

Selling shares received as a gift

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  1. Facts

    A gift from a relative is not taxed when received. On sale, the cost and holding period of your mother are used. Only the gain on sale is taxed.

  2. Provisions and law

    • Sec 47 (now Sec 70)Gifts and inheritance are not transfers, so no capital gain arises on them
    • Sec 49 (now Sec 73)For inherited or gifted assets, cost is the cost to the previous owner
    • Sec 56(2)(x) (now Sec 92(2)(m))Money or property received without consideration above ₹50,000 is taxable, except gifts from relatives and on specified occasions
  3. Analysis

    If your mother bought the shares for ₹1,00,000 in 2020 and you sold them for ₹3,00,000, your gain is ₹2,00,000 and long term. Under Sec 112A, ₹75,000 is taxable after the ₹1,25,000 exemption, if you have no other equity gains. Gifts from non-relatives above ₹50,000 would be taxed as income on receipt instead. Keep the transfer records showing it was a gift.

  4. Conclusion

    1. Get your mother's purchase date and cost.
    2. Compute the gain using her cost and holding.
    3. Report in Schedule CG and 112A.
    4. Keep the gift letter.

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