CBDT notifies the Cost Inflation Index (CII) for the Financial Year 2021-22 vide Notification No. 73/2021 dated 15th June, 2021. The Cost Inflation Index for the FY 2021-22 relevant to AY 2022-23 is 317 for the purpose of computing capital gains.
Every year CBDT notifies the CII data for each financial year. In this process, the Cost Inflation Index or CII for the Financial Year 2021-22 is notified as 317. The same was at 301 in the last year 2020-21, an increase of 5.32 per cent over the preceding financial year.
The importance of CII or Cost Inflation Index is that this number is used to arrive at the inflation-adjusted cost price of assets transferred for the purpose of computing long-term capital gains.
The existing provisions of section 55 of the Act provide that for computation of capital gains, an assessee shall be allowed a deduction for the cost of acquisition of the asset and also cost of improvement, if any. However, for computing capital gains in respect of an asset acquired before 1st April 2001, the assessee has been allowed an option of either to take the fair market value of the asset as on 1st April, 2001 or the actual cost of the asset as cost of acquisition.
Earlier, the Finance Act, 2017 had changed the base year for computing indexation from FY 1981-82 to FY 2001-02. This was done because the base year for computation of capital gains was more than three decades old and assessees were facing genuine difficulties in computing the capital gains in respect of a capital asset, especially immovable property acquired before 01.04.1981 due to non-availability of relevant information for computation of the fair market value of such asset as on 01.04.1981.
In order to revise the base year for computation of capital gains, Section 55 of the Act was amended by Finance Act, 2017 so as to provide that the cost of acquisition of an asset acquired before 01.04.2001 shall be allowed to be taken as fair market value as on 1st April, 2001 and the cost of improvement shall include only those capital expenses which are incurred after 01.04.2001.
Consequential amendment was also made in section 48 so as to align the provisions relating to the cost inflation index to the proposed base year.
This new base year of FY 2001-02 is applicable from 1st April, 2018 or assessment year 2018-19 and subsequent years.
Section 55 is further amended by Finance Act, 2020 (from the assessment year 2021-22 and onwards) to restrict the fair market value of an asset, being land or building or both, on 1st April, 2001 to the stamp duty value of such asset as on 1st April, 2001 where such stamp duty value is available.
Cost Inflation Index (CII) for the base financial year 2001-02 is 100. Hence, the cost of the assets purchased on or before FY 2001-02 has increased by more than 3.17 times in 21 years of time.
NOTIFIED COST INFLATION INDEX UNDER SECTION 48, EXPLANATION (V)
As per Notification No. S.O. 2336(E) [No. 73/2021 (F.No. 370142/10/2021-TPL)], Dated 15-6-2021, following table should be used for the Cost Inflation Index-
Cost Inflation Index or CII is used to calculate inflation-adjusted cost only for those assets where indexation benefit is allowed.
CII value cannot be used to compute long term capital gains on equity mutual funds as they are taxed at a flat rate of 10 percent without indexation benefit.
However, for other assets, CII value can be used.
How Cost Inflation Index Value is used
The formula to calculate the indexed cost price of the asset transferred is given below:
ICP=(CIIt/CIIp) x CP
Where,
ICP stands for Indexed Cost Price of the asset transferred
CIIt stands for CII value of the financial year in which asset is transferred
CIIp stands for CII value of the financial year in which asset was acquired
CP stands for the Cost Price of the asset transferred
Illustration:
Mr. Rakesh purchased a house property on 12.11.2007 for Rs 25 lakh which is sold on 16.06.2021 for Rs 70 lakh. Compute the long term capital gain.
Computation of Long Term Capital Gain:
One must remember that indexation with CII values is allowed only for long term capital assets and not for short term capital capital assets.
In case a person has income for capital gains, he cannot use ITR-1 for reporting the income from capital gains in his income tax return. He can use ITR-2 (if no business income) or ITR-3 (having business income).
Read more on Which ITR forms one should use
The indexed cost of acquisition in case of long term assets is allowed for adjustment of inflation which helps in reducing the income from capital gains and thus the long term capital gains tax.
Read the full text of Notification No. 73/2021 dated 15.06.2021 on CII for FY 2021-22
MINISTRY OF FINANCE
(Department Of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 15th June, 2021
INCOME-TAX
S.O. 2336(E). In exercise of the powers conferred by clause (v) of the Explanation to section 48 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue), Central Board of Direct Taxes, published in the Gazette of India, Extraordinary, vide number S.O. 1790(E), dated the 5th June, 2017, namely:-
2. In the said notification, in the Table, after serial number 20, the following serial number and entries relating thereto, shall be inserted, namely:-
TABLE
3. This notification shall come into force with effect from 1st day of April, 2022 and shall accordingly apply to the Assessment Year 2022-2023 and subsequent years.
[Notification No. 73/ 2021/F.No.370142/10/2021-TPL]
KAMLESH CHANDRA VARSHNEY, Jt. Secy. (Tax Policy and Legislation)
Note:- The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O.1790(E) dated 5th June, 2017 and was last amended vide S.O. 1879 (E) dated 12th June, 2020.
Download Copy of Notification No. 73/2021 dated 15.06.2021 notifying Cost Inflation Index (CII) for FY 2021-22 in pdf format
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