Income Tax Department

Ministry of Finance, Government of India

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Section 98

Charge of securities transaction tax.

Section

Section Number

98

Chapter

Act

Securities Transaction Tax [As introduced by Finance (No. 2) Act, 2004]

Year

Charge of securities transaction tax.

Charge of securities transaction tax.

98. On and from the commencement of this Chapter, there shall be charged a securities transaction tax in respect of the taxable securities transaction specified in column (2) of the Table below, at the rate specified in the corresponding entry in column (3) of the said Table, on the value of such transaction and such tax shall be payable by the purchaser or the seller, specified in the corresponding entry in column (4) of the said Table:

TABLE

Sl. No. Taxable securities transaction   Rate   Payable by
1          2   3   4
1. Purchase of an equity share in a company [or a unit of a business trust] [***] where—   [0.1] per cent   Purchaser
  (a) the transaction of such purchase is entered into in a recognised stock exchange; and        
  (b) the contract for the purchase of such share [or unit] is settled by the actual delivery or transfer of such share [or unit].        
2. Sale of an equity share in a company [or a unit of a business trust] [***] where—   [0.1] per cent   Seller
  (a) the transaction of such sale is entered into in recognised stock exchange; and        
  (b) the contract for the sale of such share [or unit] is settled by the actual delivery or transfer of such share [or unit].        
[2A. Sale of a unit of an equity oriented fund, where—   0.001 per cent   Seller]
  (a) the transaction of such sale is entered into in a recognised stock exchange; and        
  (b) the contract for the sale of such unit is settled by the actual delivery or transfer of such unit.        
3. Sale of an equity share in a company or a unit of an equity oriented fund [or a unit of a business trust], where—   [0.025] per cent   Seller
  (a) the transaction of such sale is entered into in a recognised stock exchange; and        
  (b) the contract for the sale of such share or unit is settled otherwise than by the actual delivery or transfer of such share or unit.        
[4. (a) Sale of an option in securities   [0.15 per cent.]   Seller
  (b) Sale of an option in securities, where option is exercised   [0.15 per cent.]   Purchaser
  (c) Sale of a futures in securities   [0.05 per cent.]   Seller]
5. Sale of a unit of an equity oriented fund to the Mutual Fund.   [0.001] per cent   Seller
[5A. Sale or surrender or redemption of a unit of an equity oriented fund to an insurance company, on maturity or partial withdrawal, with respect to unit linked insurance policy issued by such insurance company on or after the first day of February, 2021   0.001 per cent   Seller]
[6. Sale of unlisted equity shares under an offer for sale referred to in sub-clause (aa) of clause (13) of section 97.   0.2 per cent   Seller]
[7. Sale of unlisted units of a business trust under an offer for sale referred to in sub-clause (ab) of clause (13) of section 97.   0.2 per cent   Seller]
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Footnotes