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Various exemptions available in respect of Capital Gains
Particulars | |||||||||
Eligible Assessee | Individuals and Hindu Undivided Family (HUFs) | Individuals and Hindu Undivided Family (HUFs) | Any assessee | Any assessee | Any assessee | Individuals and Hindu Undivided Family (HUFs) | Any assessee | Any assessee | Individuals and Hindu Undivided Family (HUFs) |
Qualifying Asset | Residential House Property | Agricultural land | Land or building forming part of an Industrial undertaking transferred by way of compulsory acquisition | Land or building or both | Any Capital Asset | Any Capital Asset other than residential house property | Plant, machinery, land, or building, or any right in land or building used for the purpose of an industrial undertaking situated in an urban area | Plant, machinery, land, or building, or any right in land or building used for the purpose of an industrial undertaking situated in an urban area | Residential property (i.e. a house or plot of land) |
Nature of Capital Gains | Long Term Capital Gains (LTCG) | Long or Short Term Capital Gains (LTCG/STCG) | Long or Short Term Capital Gains (LTCG/STCG) | Long Term Capital Gains (LTCG) |
• Long Term Capital Gains (LTCG) | Long Term Capital Gains (LTCG) | Long or Short Term Capital Gains (LTCG/STCG) | Long or Short Term Capital Gains (LTCG/STCG) | Long Term Capital Gains (LTCG) |
Investment in new Property |
Residential House Property in India |
Agricultural land |
Land or building for the purposes of shifting or re-establishing the undertaking or setting up another industrial undertaking
|
• National Highway Authority of India (NHAI Bonds) • Rural Electrification Corporation Limited (REC Bonds) • Any other bond notified by the Central Government
|
Units of Notified Fund |
Residential house property located in India |
New plant or machinery, purchase or construct a building, shift the original asset in to a non-urban area |
New plant or machinery, purchase or construct a building, shift the original asset in SEZ |
equity shares of an 'eligible company' or 'eligible start-up'
However, the eligible company buy new asset within 1 year after the date of subscription of shares. |
Maximum amount of exemption allowed |
lower of: • Amount of long-term capital gains or • Amount invested in new house property and deposited in capital gain account scheme [Note 1] |
lower of: • Amount of capital gains; or • Amount of investment in new agricultural land[including the amount deposited in Capital Gains Account Scheme] |
lower of: • Amount of capital gains; or • Amount of investment in new land or building [including the amount deposited in Capital Gains Account Scheme]
|
lower of: • The amount of long-term capital gains; or • The amount invested in specified bonds; or • Rs. 50,00,000 |
lower of: • Amount of long-term capital gains; • Amount invested in specified assets; or • Rs. 50,00,000
|
If net consideration is invested in new house property - the entire capital gain will be exempt from taxation. If partial consideration is invested in new house property - the exemption will be granted in proportion to the amount invested. [Note 1] |
lower of: • Amount of capital gains; or • Aggregate of amount invested in new assets, expenses on transfer or establishment and amount deposited in capital gain account scheme |
lower of: • Amount of capital gains; or • Aggregate of amount invested in new assets, expenses on transfer or establishment and amount deposited in deposit scheme |
Amount of capital gain |
Time Limit for making investment in new Property |
• Purchase: 1 year before or 2 years after the date of transfer • Construction: within 3 years from the date of transfer |
within 2 years after the date of transfer of original asset |
within a period of 3 years after the date of compulsory acquisition |
within 6 months of the transfer of the land, building, or both |
within 6 months of the transfer of the long term capital asset |
• Purchase: 1 year before or 2 years after the date of transfer • Construction: within 3 years from the date of transfer |
within 1 year before or 3 years after the date of transfer |
within 1 year before or 3 years after the date of transfer |
Before the due date for furnishing of income-tax return. |
Time limit to deposit in Capital Gains Account Scheme (CGAS) |
On or before the due date of filing the return of income |
On or before the due date of filing the return of income |
On or before the due date of filing the return of income |
- |
- |
On or before the due date of filing the return of income |
On or before the due date of filing the return of income |
On or before the due date of filing the return of income |
- |
Withdrawal of Exemption |
• Amount deposited in CGAS not utilised in the prescribed time; • Transfer of new house within 3 years |
• Amount deposited in CGAS not utilised in the prescribed time; • Transfer of new agricultural land within 3 years |
• Amount deposited in CGAS not utilised in the prescribed time; • Transfer of new land or building within 3 Years |
• Transfer of bonds within 5 years; or • Conversion of bonds within 5 Years |
• Transfer of new asset within 3 years; or • Conversion of bonds into money within 3 Years |
• Acquisition of Second House; • Amount deposited in CGAS not utilised in the prescribed time; • Transfer of new house within 3 Years |
• Amount deposited in CGAS not utilised in the prescribed time; • Transfer of new asset within 3 years |
• Amount deposited in CGAS not utilised in the prescribed time; • Transfer of new asset within 3 years |
• Shares of the eligible company sold by the assessee; • New Asset sold by the eligible company; • Amount deposited by eligible company in CGAS not utilised in the prescribed time; |
* The Central Government has notified bonds redeemable after five years and issued on or after 1st day of April, 2025 by ‘Housing and Urban Development Corporation Limited (HUDCO)’ as 'long-term specified asset' for section 54EC.[Notification no. 31/2025, dated 07-04-2025]
Note 1: Cost of new assetcannot exceed Rs. 10 crore. Further, if no investment is made by assessee in new asset and sum is deposited in capital gain account scheme, the maximum amount shall be taken into consideration is Rs. 10 crore for the purpose of exemption. (Applicable from Assessment Year 2024-25).
[As amended by Finance Act, 2025]