Definition of capital asset

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U/s 2(14) personal effect doesnt include jewelleryfor computation of CG. Further Jewellery has been explained for this purpose. Will teeth made up of gold amounts to jewellery??
Replies (2)

"jewellery" includes—

(a) ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals, whether or not containing any precious or semi-precious stone, and whether or not worked or sewn into any wearing apparel;

(b) precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel

So it looks like gold teeth are neither apperal nor ornaments. further they are used daily by the assessee and are personal effects. So, they should not be a capital asset.

But, if there are precious or semi precious stones studded on teeth then it definately is a capital asset as per the definition of jewellery.

Again this issue is highly debatable as jewellery is not used just to describe ornaments and anything made of precious metal might be considered as jewellery.

 

Exactly this is my issue whether it can be covered within the definition of Capital Asset. I would like some replies from the expert regarding the matter


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