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Illustrations · Q3

Q.Classify each of the following as a Short-Term or Long-Term Capital Asset, given the stated holding period immediately before transfer:

(a) Listed equity shares held for 10 months.
(b) A residential flat (immovable property) held for 30 months.
(c) Unlisted shares of a private company held for 20 months.
(d) Units of an equity-oriented mutual fund held for 13 months.
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Section 2(42A) applies a 12-month threshold to listed securities, units of UTI, units of an equity-oriented mutual fund, and zero-coupon bonds, and a 24-month threshold to every other capital asset (unlisted shares, immovable property, jewellery, gold, and unlisted securities).

  1. Listed equity shares held 10 months: 10 months is NOT MORE than the 12-month threshold applicable to listed shares → Short-term Capital Asset.
  2. Residential flat held 30 months: immovable property uses the 24-month threshold; 30 months EXCEEDS 24 months → Long-term Capital Asset.
  3. Unlisted shares held 20 months: unlisted shares use the 24-month threshold (NOT the 12-month threshold reserved for LISTED shares); 20 months does not exceed 24 months → Short-term Capital Asset.
  4. Units of an equity-oriented mutual fund held 13 months: these units use the 12-month threshold; 13 months EXCEEDS 12 months → Long-term Capital Asset.
    ✓Final answer

    (a) Short-term; (b) Long-term; (c) Short-term; (d) Long-term — the deciding factor each time is which threshold (12 or 24 months) applies to that PARTICULAR type of asset, then comparing the actual holding period against it.

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