Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Various Income Tax exemptions available against Capital Gains

Advertisement

The document provides an overview of various capital gains exemptions available under Sections 54, 54B, 54D, 54EC, 54EE, 54F, 54G, 54GA, and 54GB of the Income-tax Act, 1961, specifying the eligible assessees, qualifying capital assets, nature of capital gains, eligible reinvestment options, exemption limits, investment timelines, Capital Gains Account Scheme (CGAS) requirements, and conditions for withdrawal of exemption. Individuals, Hindu Undivided Families (HUFs), and other assessees may claim exemptions depending on the nature of the transferred asset and the prescribed investment. Eligible reinvestments include residential houses, agricultural land, industrial assets, specified bonds, notified funds, plant and machinery, assets in Special Economic Zones (SEZs), and equity shares of eligible companies or eligible start-ups. The document also prescribes specific investment periods, including one year before or up to three years after transfer, or six months in specified cases, while requiring CGAS deposits before the due date for filing the income-tax return wherever applicable. Exemptions may be withdrawn if the prescribed conditions are violated, such as premature transfer of new assets or non-utilisation of CGAS deposits. The document incorporates amendments made by the Finance Act, 2026, including the notification of HUDCO bonds under Section 54EC and the ₹10 crore investment cap applicable from Assessment Year 2024-25.

Various exemptions available in respect of Capital Gains

This document entails the different type of exemption available to an assessee with respect to sale of a capital asset. The document contains the detials about the type of capital asset, capital gains and type of new asset in which the amount needs to be reinvested.​

Particulars
Section 54
Section 54B
Section 54D
Section 54EC
Section 54EE
Eligible Assessee
Individuals and Hindu Undivided Family (HUFs)
Individuals and Hindu Undivided Family (HUFs)
Any assessee
Any assessee
Any assessee
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
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)
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
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
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
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
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
Particulars
Section 54F
Section 54G
Section 54GA
Section 54GB
Eligible Assessee
Individuals and Hindu Undivided Family (HUFs)
Any assessee
Any assessee
Individuals and Hindu Undivided Family (HUFs)
Qualifying 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)
Investment in new Property
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
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 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
Withdrawal of Exemption
  • 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).

Disclaimer: 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. Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.

“This document contains the provisions of the Income-tax Act, 1961, as amended by the Finance Act, 2026.”

[As amended by Finance Act, 2026]

(Republished with amendments)

Advertisement

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Reply

Your email address will not be published. Required fields are marked *