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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

YouTuber challenges FIR, LoC in HC

Mumbai : The Bombay High Court issued notice to the state government on a petition filed by UK-based medico and YouTuber, Dr. Sangram Patil, seeking to quash a Mumbai Police FIR and revoking a Look Out Circular in a criminal case lodged against him, on Thursday.   Justice Ashwin D. Bhobe, who heard the matter with preliminary submissions from both sides, sought a response from the state government and posted the matter for Feb. 4.   Maharashtra Advocate-General Milind Sathe informed the court...

YouTuber challenges FIR, LoC in HC

Mumbai : The Bombay High Court issued notice to the state government on a petition filed by UK-based medico and YouTuber, Dr. Sangram Patil, seeking to quash a Mumbai Police FIR and revoking a Look Out Circular in a criminal case lodged against him, on Thursday.   Justice Ashwin D. Bhobe, who heard the matter with preliminary submissions from both sides, sought a response from the state government and posted the matter for Feb. 4.   Maharashtra Advocate-General Milind Sathe informed the court that the state would file its reply within a week in the matter.   Indian-origin Dr. Patil, hailing from Jalgaon, is facing a criminal case here for posting allegedly objectionable content involving Bharatiya Janata Party leaders on social media.   After his posts on a FB page, ‘Shehar Vikas Aghadi’, a Mumbai BJP media cell functionary lodged a criminal complaint following which the NM Joshi Marg Police registered a FIR (Dec. 18, 2025) and subsequently issued a LoC against Dr. Patil, restricting his travels.   The complainant Nikhil Bhamre filed the complaint in December 2025, contending that Dr. Patil on Dec. 14 posted offensive content intended to spread ‘disinformation and falsehoods’ about the BJP and its leaders, including Prime Minister Narendra Modi.   Among others, the police invoked BNSS Sec. 353(2) that attracts a 3-year jail term for publishing or circulating statements or rumours through electronic media with intent to promote enmity or hatred between communities.   Based on the FIR, Dr. Patil was detained and questioned for 15 hours when he arrived with his wife from London at Chhatrapati Shivaji Maharaj International Airport (Jan. 10), and again prevented from returning to Manchester, UK on Jan. 19 in view of the ongoing investigations.   On Wednesday (Jan. 21) Dr. Patil recorded his statement before the Mumbai Police and now he has moved the high court. Besides seeking quashing of the FIR and the LoC, he has sought removal of his name from the database imposing restrictions on his international travels.   Through his Senior Advocate Sudeep Pasbola, the medico has sought interim relief in the form of a stay on further probe by Crime Branch-III and coercive action, restraint on filing any charge-sheet during the pendency of the petition and permission to go back to the UK.   Pasbola submitted to the court that Dr. Patil had voluntarily travelled from the UK to India and was unaware of the FIR when he landed here. Sathe argued that Patil had appeared in connection with other posts and was not fully cooperating with the investigators.

Capital Gains Made Simple: A Guide to the New Tax Rules

With the new capital gains rules in place, understanding tax rates and holding periods has become crucial in determining what investors finally take home.

Over the last few years, investments in shares and mutual funds have increased significantly among Indian taxpayers. While these instruments offer attractive returns, the taxation of capital gains often creates confusion, particularly following the recent government changes. As a chartered accountant, I frequently encounter investors who earn good returns but lose a portion of them due to a lack of clarity on tax rules. This article breaks down the latest capital gains tax provisions in a simple, practical manner to help investors retain more of what they earn. To begin with, it is important to understand what capital gains actually mean.


What is capital gains? Capital gain arises when a capital asset, such as shares or mutual fund units, is sold at a price higher than its cost of acquisition. The profit earned is treated as a capital gain and is taxable under the Income-tax Act, 1961. Capital gains are classified into short-term or long-term depending on the holding period of the asset.


This classification is extremely important, as the tax rate differs significantly between short-term and long-term gains.


Short-Term Capital Gains

When equity shares or equity-orientated mutual fund units are sold within 12 months from the date of purchase, the resulting profit is treated as Short-Term Capital Gain (STCG).


As per the recent changes, short-term capital gains on such equity investments are now taxed at 20 per cent. Earlier, this rate was 15 per cent, but the increase aims to discourage excessive short-term trading and bring stability to the markets.


This means investors engaging in frequent buying and selling of shares or mutual funds must now factor in a higher tax outgo while calculating their net returns. After adding the surcharge, health, and education cess, the effective tax impact becomes even higher.


Long-Term Capital Gains

If equity shares or equity-orientated mutual fund units are held for more than 12 months, the gains qualify as Long-Term Capital Gains (LTCG).


Under the revised provisions, long-term capital gains exceeding Rs 1.25 lakh in a financial year are taxed at 12.5 per cent. Gains up to Rs 1.25 lakh remain exempt from tax.


Earlier, the exemption limit was lower and the tax rate was 10 per cent. The increase in exemptions provides relief to small and medium investors, while the slightly higher rate applies to higher gains. It is important to note that indexation benefit is not available on equity investments while computing long-term capital gains.


Mutual Fund Taxation

Equity mutual funds follow the same tax rules as equity shares, provided they invest at least 65 per cent of their corpus in equity instruments.


Debt mutual funds, however, have witnessed a significant change. Earlier, long-term gains on debt funds enjoyed indexation benefits, which reduced tax liability substantially. Under the current provisions, long-term capital gains on debt mutual funds are taxed at 12.5 per cent without indexation.


This change has reduced the tax advantage of debt mutual funds and makes careful investment planning essential, especially for conservative investors.


Practical illustration

Consider an investor who purchases shares for Rs 4 lakh and sells them after two years for Rs 7 lakh. The total gain is Rs 3 lakh. Out of this, Rs.1.25 lakh is exempt, and the balance of Rs 1.75 lakh is taxed at 12.5 per cent.


In another case, if the same shares are sold within eight months with a gain of Rs 1 lakh, the entire amount is taxable at 20 per cent as a short-term capital gain.


These examples clearly show the tax benefit of long-term holding.


Compliance and Reporting

Capital gains must be properly reported on the income tax return under the appropriate schedule. Investors should maintain records of purchase dates, sale dates, and transaction values. Incorrect reporting or non-disclosure may lead to notices, interest, and penalties.


It is also advisable to review capital gains periodically during the year to make informed decisions regarding the timing of sale and utilisation of exemption limits.


The recent changes in capital gains taxation reflect the government’s intention to simplify the tax structure and encourage long-term investing. While short-term investors now face higher tax rates, long-term investors benefit from a higher exemption limit and predictable taxation.


From a professional perspective, investors should align their investment strategy not only with market returns but also with tax efficiency. A proper understanding of capital gains tax rules, disciplined holding periods, and timely compliance can significantly improve post-tax returns and prevent unnecessary tax burdens.

 

(The writer is a Chartered Accountant based in Thane. Views personal.)


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