Under the existing provisions, long term capital gains from sale of listed equity shares or units of equity oriented fund or units of business trusts is exempt from tax by way of section 10(38).
New section 112A has been introduced in Finance Bill, 2018 which has withdrawn this exemption. The Memorandum explaining the bill stated:
“Under the existing regime, long term capital gains arising from transfer of long term capital assets, being equity shares of a company or an unit of equity oriented fund or an unit of business trusts , is exempt from income-tax under clause (38) of section 10 of the Act. However, transactions in such long term capital assets carried out on a recognized stock exchange are liable to securities transaction tax (STT). Consequently, this regime is inherently biased against manufacturing and has encouraged diversion of investment in financial assets. It has also led to significant erosion in the tax base resulting in revenue loss. The problem has been further compounded by abusive use of tax arbitrage opportunities created by these
