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Income Tax Department chart showing various exemptions available in respect of Capital Gains under different sections of the Income Tax Act for FY 2025-26. These exemptions apply primarily to Long-Term Capital Gains when certain conditions are met. Short-term capital gains generally do not have exemptions under these sections unless specifically stated.
Who can claim: Individuals & HUFs
Asset sold: Long-term capital asset residential house
Condition: Reinvest capital gains in:
Another residential house in India, bought within 1 year before or 2 years after sale; Or construct within 3 years from sale.
Exemption amount: Lower of LTCG or cost of new house purchased/constructed.
Important cap: Exemption is limited to a maximum of ₹10 crore (even if investment exceeds this) — introduced by Finance Act changes applicable from recent years including FY 2025-26.
Who can claim: Individuals & HUFs
Asset sold: Long-term capital asset other than a residential house
Condition: Reinvest the net sale proceeds (not just capital gain) in a residential house in India: following are basic condition
Purchase within 1 year before or 2 years after sale;
Construct within 3 years from sale.
Exemption amount: The amount of LTCG × (investment in new house ÷ net sale proceeds).
Key restriction: Exemption capped at ₹10 crore of reinvestment amount.
To be eligible:
On the date of transfer, the assessee should not own more than one residential house (excluding the new one being purchased).
Deposit unutilised funds in Capital Gains Account Scheme (CGAS) if not invested by the due date of filing the return to claim exemption.
Who can claim: Individuals & HUFs
Asset sold: Agricultural land used for agricultural purposes for at least 2 years before sale
Condition: Reinvest gains into agricultural land within 2 years from the date of transfer.
Exemption amount: Lower of capital gain or cost of new land.
Special: Must continue using the new land for agriculture.
Who can claim: Any assessee
Asset sold: Land/building forming part of an industrial undertaking compulsorily acquired
Condition: Purchase replacement land/building within 3 years to shift or re-establish the undertaking.
Exemption: LTCG exempt to the extent of cost of new asset or gain, whichever is lower.
Who can claim: Any assessee
Asset sold: Long-term capital asset (land or building)
Condition: Invest LTCG in specified bonds within 6 months from sale.
Eligible bonds: NHAI, REC, HUDCO bonds (must be held for 5 years — longer lock-in)
Maximum limit: INR 50 lakh in aggregate in a financial year.
Important: If bonds are transferred or converted into cash within 5 years, the exemption is withdrawn and previous gains get taxed.
Who can claim: Any assessee
Asset sold: Long-term capital asset
Condition: Invest gains in notified long-term specified funds within 6 months from sale.
Maximum limit: INR 50 lakh in a year (inclusive of FY of sale and next).
Important: Must hold the investment for the prescribed lock-in period (typically 3 years).
If the specified asset is sold or converted into money earlier, exemption is withdrawn.
These provisions provide exemptions where gains arise from the transfer of assets used for industrial undertakings and are reinvested to set up similar activities in Rural areas (Sec 54G) & Special Economic Zones (Sec 54GA). Key conditions is are mentioned here under :
Reinvestment in new assets within 1 year before or 3 years after transfer.
Exemption amount is the lower of gain or cost of the new asset.
| Section | Applicable Asset Sale | Reinvestment Asset | Time Limit | Max Exemption |
|---|---|---|---|---|
| 54 | Residential house | New residential house | 1 yr before / 2 yr after / 3 yr for construction | LTCG or investment (capped at ₹10 Cr) |
| 54F | Any LT asset except residential house | Residential house | Same as Sec 54 | LTCG × (invest / net sale) (capped at ₹10 Cr) |
| 54B | Agricultural land | Agricultural land | Within 2 yrs | Lower of gain or investment |
| 54D | Industrial land/building (acquired) | Same | Within 3 yrs | Lower of gain or investment |
| 54EC | Land/building | Specified bonds | Within 6 mo | ₹50 lakh |
| 54EE | Any LT asset | Specified funds | Within 6 mo | ₹50 lakh |
| 54G / 54GA | Industrial assets for rural/SEZ | Similar assets | 1 yr before / 3 yrs after | Lower of gain or investment |
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