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52

Rules 2026 · Rule 52

Rate of exchange: non-resident capital gains (s. 72)

Rules 49-59

Rule 52 sets the rates of exchange for converting cost, transfer expenses and sale consideration into the foreign currency first used, and the gain back into rupees, when a non-resident computes capital gains on shares or debentures of an Indian company under section 72.

The table (sub-rule 1). For a non-resident's capital gains on shares in, or debentures of, an Indian company:

What is convertedRate of exchange
Cost of acquisitionAverage of the telegraphic transfer buying rate and telegraphic transfer selling rate of the foreign currency initially used to buy the asset, on the date of acquisition
Expenditure wholly and exclusively in connection with the transferThe same average, on the date of transfer
Full value of consideration received or accruingThe same average, on the date of transfer
The capital gains, computed in the foreign currency initially used, into rupeesThe telegraphic transfer buying rate of that currency on the date of transfer

Definitions (sub-rule 2). The "telegraphic transfer buying rate" has the meaning in the rule the text cites; the "telegraphic transfer selling rate" is the rate the State Bank of India adopts for selling the currency where it makes it available by telegraphic transfer.