Dear experts,
Is CGAS account mandatory to open even if the entire amount realized during selling of a land is reinvested into buying a new residential home before the ITR filing date of the financial year in which the land was sold? Can a normal fixed deposit be done, given that the home will be purchsed before the ITR due date, or the amount kept in the savings account only in which it was originally received? When CGAS account is really needed? And if the land is inherited, is fair market value (FMV) certificate mandatory during tax filing?
Warm Regards.
Ans: Capital Gains and CGAS can confuse many. You’ve clearly understood key parts already. That’s a good start. Let’s look into the entire situation, part by part.
We will explore the rules, your options, and how to avoid mistakes. This will give you a complete 360-degree clarity from tax, legal and compliance angles.
1. When Capital Gains Account Scheme (CGAS) Becomes Mandatory
CGAS is not needed in all cases.
You must deposit in CGAS only if home purchase is delayed.
If you reinvest before ITR due date, CGAS is not compulsory.
You can reinvest directly in the new house.
Keep proofs of payments, builder receipts and registry.
This is allowed even if amount is not kept in CGAS.
Fixed Deposit or savings account is fine in such case.
But all reinvestment should happen before the ITR due date.
If even part of it remains, then CGAS is mandatory for balance.
So, CGAS is only a backup rule, not the first step.
2. Can Fixed Deposit or Savings Account Be Used Instead?
Yes, if you use the full sale amount in time.
There is no restriction to keep the sale money in a bank FD.
Even savings account can be used till reinvestment.
But do not mix that account with other funds.
It should be clearly seen that the money was from land sale.
Keep trail of cheque/RTGS and amount received in bank.
Use the same account for property payment preferably.
Attach documents to your tax file as proof of usage.
So, a separate CGAS account is not required if home is bought on time.
3. Real Timing for CGAS Requirement
Let’s say land is sold in FY 2024–25.
ITR filing due date is 31st July 2025 (for most individuals).
If you do not reinvest before 31st July 2025, then CGAS is needed.
You must deposit remaining capital gains before that date.
Otherwise, the capital gain becomes taxable.
After that, you can buy the home within two years.
Or construct the home within three years.
But tax exemption applies only if CGAS rules are followed.
So, CGAS gives you extra time, but with some process to follow.
4. What Happens If You Don’t Open CGAS?
If no reinvestment is done and no CGAS is opened,
Then you lose the exemption under the capital gains rules.
The gain will be treated as long-term capital gain.
You will need to pay tax on it.
Keeping money in FD or savings account won’t save tax after deadline.
Tax will be calculated as per rules and payable with interest.
So, if you're not ready to reinvest, then open CGAS on time.
5. For Inherited Land – Is Fair Market Value (FMV) Mandatory?
Yes, FMV is required for inherited property.
FMV as on 1st April 2001 must be calculated.
This becomes your cost of acquisition.
Without FMV, your gain will look artificially high.
That will lead to more tax than needed.
FMV must be from a registered valuer.
Use this valuation during capital gain working.
Keep valuation certificate with your documents.
It is not submitted with return, but can be asked later.
So yes, FMV certificate is very important in your case.
6. Points to Remember for Reinvestment and Tax Filing
Always try to reinvest before the ITR filing due date.
Keep documents ready – sale deed, purchase deed, payment proof.
Mention exemption under the correct capital gains section in ITR.
File ITR with details of both sale and new purchase.
If any delay is there, deposit in CGAS before 31st July.
Open CGAS with a scheduled bank only.
Withdraw money from CGAS only for house purchase or construction.
Do not withdraw for other purposes. That makes it taxable.
Proper filing avoids notices and problems later.
7. Should You Do CGAS Deposit Early Just in Case?
If you're unsure about home purchase date, CGAS is a safe backup.
You can withdraw later for the purchase purpose.
But if you're confident about timing, no need to open CGAS.
Avoid unnecessary paperwork if not required.
So, CGAS is useful, but not needed if timing is right.
8. Role of a Certified Financial Planner in Such Cases
Tax planning around property needs correct steps.
A Certified Financial Planner helps track timelines and rules.
You get full support for investment, taxation, compliance and reinvestment.
A CFP can also coordinate with CA or legal expert.
They also help with ITR and property documentation.
It removes the guesswork and avoids last-minute issues.
Guided help gives better peace of mind.
Finally
You are handling a serious matter with clarity and awareness. That’s a strong foundation. You do not need to open a CGAS account if the home is fully bought before the ITR due date. You can keep money in your savings account or fixed deposit during this time. Just make sure the home is purchased and payment is completed before the filing date.
If not, deposit balance gains in CGAS to save tax. FMV is also required for inherited land. Get a certified valuer’s report. Use this in capital gain computation. This avoids tax mistakes.
Stick to timelines. Keep clear records. Plan your reinvestment wisely. Work with a Certified Financial Planner if needed for execution and follow-through.
Best Regards,
K. Ramalingam, MBA, CFP
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment