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Taxation on Capital Gains in India

(Fy 31.03.2022/Ay 2022-23)

S. N.
Under the head
Section
54
Section
54B
Section
54D
Section
54EC
Section
54F
Section
54G
Section
54GA
1
Nature of Assesse
Individual / HUF ‘only’
Individual / HUF ‘only’
‘All’ assesses
All’ assesses
Individual / HUF ‘only’
‘All’ assesses
‘All’ assesses
2
Nature of capital gains as Short / Long term
Long term only
‘Short’ and Long term both
‘Short’ and Long term both
Long term only
Long term only
‘Short’ and Long term both
‘Short’ and Long term both
3
Nature of Assets Disposed
Residential House only
Agricultural Land as used by himself/ parent for last 2 years
Land and Building of
industrial undertaking as Compulsory Acquired
Long term
Capital Asset as ‘land’ or Building or both ‘Only’
‘Any’ Long term
Capital Asset ‘other than’ ‘residential’
house
Land/ Building/ Plant/ Machinery under ‘Shifting’ of ‘industrial’ under-taking to ‘Rural’ area
Land/ Building / Plant/ Machinery under ‘Shifting’ of ‘industrial’ under-taking to ‘SEZ’ area
4
Nature of Asset to
be Acquired
‘Residential’ House only
Agricultural Land only
Land/ Building
for ‘Industrial’
purposes only
Bond of
(a) ‘REC’
(b) ‘NHAI’ up to 50 lac only
1 ‘Residential’ House in ‘India’ only
Land/ Building/ Plant/ Machinery only
Land/ Building/ land/ Machinery only
5
Time for
Acquiring New Assets
(i) Purchase ‘before’ 1
Year or ‘after’ 2 years or
(ii) Construction ‘after’
3 years of sale
Purchase within 2 years ‘after’
sale
Purchase within
3 years ‘after’ Compen-sation
Purchase within
6 months ‘after’ sale
(i) Purchase ‘before’ 1 year or ‘after’ 2 year or (ii) Construction ‘after’
3 years of sale
Purchase ‘before’ 1 year or ‘after’ 3 years of transfer
Purchase ‘before’ 1 year
or ‘after’
3 years of transfer
6
Quantum of Exemption
Investment
or Capital Gains Whichever is lower
Investment
or Capital
Gains whichever is lower
Investment
or Capital Gains whichever is lower
Investment or Capital Gains whichever is lower
Investment or ‘sales Consideration’ whichever is lower
Investment
or Capital Gains whichever is lower
Investment or Capital Gains whichever is lower
7
Period for Revocation of Exemption
Transferred within 3 years
Transferred within 3 years
Transferred within 3 years
Trans-ferred within 5 years
Transferred within 3 years
Trans-ferred within 3 years
Transferred within 3 years
8
Nature of Taxation against Revocation
‘Short’ term Capital Gains
‘Short’ term Capital Gains
‘Short’ term Capital Gains
‘Long’ term Capital Gains
‘Long’ term Capital Gains
‘Short’ term Capital Gains
‘Short’ term Capital Gains
9
Applica-bility of Scheme for deposit into Bank
YES
YES
YES
‘NO’
YES
YES
YES

*****

Exemption under section 54, 54B, 54D, 54EC, 54F, 54G & 54GGA

Disclaimer : The contents of this presentation are solely for informational purpose. Neither this presentation nor the information contained herein constitutes a contract or will form the basis of a contract. The material contained in this presentation does not constitute/substitute professional advice that may be required before acting on any matter. While every care has been taken in the preparation of this presentation to ensure its accuracy at the time of publication, Satish Agarwal assumes no responsibility for any errors which despite all precautions, may be found herein. In no event shall we be liable for direct or indirect or consequential damages, if any, arising out of or in any way connected with the use of this presentation or the information contained herein.

(Author can be reached at email address satishagarwal307@yahoo.com or on Mobile No. 9811081957)

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