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This is an archive article published on October 17, 2004

Financial Health Check

I have invested in some shares in January 2004. The current value is Rs 3 lakh. Should I keep them till March 2005 to avoid capital gains ta...

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I have invested in some shares in January 2004. The current value is Rs 3 lakh. Should I keep them till March 2005 to avoid capital gains tax? I am a senior citizen, are the rules different for me?
Raja

From the facts indicated by you it is clear that the shares are purchased in January 2004, which will yield long-term capital gains only if sold after January 2005. Such long-term capital gains could be exempt under new section 10(38) introduced by the Finance Act, 2004, provided you have paid the Securities Transaction Tax (STT) and that your sale of such shares is through a recognised stock exchange. Being a senior citizen, your exposure to a volatile investment instrument like equity shares should be kept at a bare minimum. Sale proceeds of your equity shares in your case could be ideally invested in the 9 per cent taxable savings scheme launched by the Government recently, since the same would be safe and liquid.

A relative opened a PPF account in the post office in her daughter’s childhood name. The daughter’s name has since undergone a change. The post office and other concerned departments were approached with an affidavit and other documents to effect the change in the name, but she was told that there was no provision for doing so. The daughter will soon be a major. In these circumstances, what should be done so that the PPF account continues to be maintained?
Chander Prakash

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The PPF Account in the name of the minor daughter could be continued even after she becomes a major. It appears that the daughter has effected a change in her name while she is still a minor. The account, in view of the practical difficulties enumerated by you and the wooden-headed approach of the postal officials, could continue in her childhood name and maturity proceeds realised may be deposited in the account of child in the same name. In the alternative, you could consider closing the present account and thereafter open a new account in the new name.

This refers to the query on PPF nomination in IE on September 12, 2004. According to the PPF booklet issued by the Government of Maharashtra, the amount standing to the credit of the deceased will ‘continue to earn tax-free interest’ if left un-drawn by the nominee/legal heir.
D V Punwani

It is true that the PPF booklet issued by the authorities suggests that the deceased account could continue to earn tax free interest. However, practical considerations demand that when the account-holder is no more, the funds in the name of the deceased are soon withdrawn by the legal heirs to prevent complications arising from long lost relatives and heirs who tend to surface from nowhere. In any investment instrument, realisation of the principal should be far more important than the lure of returns, taxable or tax free, on such investments.

In your column ‘Financial Health Check’ dated September 26, 2004 you had stated ‘The time limit for outright purchases within one year before or two years after the sale of the first house’. I want to clarify that I have bought a second house property two months before the sale of my first house property. So will the amount paid by me for the purchased property be adjusted for consideration of capital gains in the sale of my sold property? According to your statement it should be so, but I want to be sure so please, please let me know.
G. Singh

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Yes. Your understanding of my reply is correct. Your payment for purchase of a second flat within one year prior to sale of your first flat will qualify for the exemption from capital gains on your said first flat. You may confirm this by reading section 54 of the Income tax Act, 1961.

Send in your insurance, tax, investment and financial planning questions to ymm@expressindia.com and get advice from our panel of experts

Disclaimer: The information and advice on this page is only indicative. The Indian Express takes no responsibilty for the investment decisions of the readers.

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