Sale of gold taxation

This query is : Resolved

Prithvi (Querist)
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12 October 2016 Dear Friends,

In this case, The Assessee is Registered under DVAT but he Deals in Retail Business. The Assessee had purchased Gold as Investment 4 years ago. He had then Sale this Gold to a Registered Gold Dealer and Issued a Invoice and Charged VAT from the Purchaser and filed his Return accordingly.

My Query lies that the Assessee has filed Wrong VAT Return as he does not deals in Gold and cant be shown as Part of Sales in VAT return as the Gold was an Investment. Hence, he should Revise the VAT Return for the particular Quarter and Refund the VAT Charged from the Purchaser and instead in his Income Tax return the Assessee Should show as Long Term Capital Gain with Indexation Benefits.

Also if we show this Sale of Gold as "Sales" in ITR also it leads to Double Taxation as Sales is Also Increased and also Paying Tax on Long Term Capital Gain, if any after Indexation.

Is my Contention Correct???