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The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.

 

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Various exemptions available in respect of Capital Gains

 

Particulars

Section 54

Section 54B

Section 54D

Section 54EC

Section 54EE

Section 54F

Section 54G

Section 54GA

Section 54GB

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]