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Ramalingam

Ramalingam Kalirajan  |9126 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 30, 2025

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Utkarsh Question by Utkarsh on May 30, 2025
Money

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
Asked on - May 30, 2025 | Answered on May 30, 2025
Thankyou so much for the detailed and accurate answer sir. My doubts are truly resolved now.
Ans: You're welcome! If you have any more questions or need further assistance, feel free to ask. Best wishes on your financial journey!

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Hellow Sir, In February, 2023 I had sold a House Property and there is Capital Gain around 15.00 lakh. From the sale proceed I received, I have already bought a housing plot(land) costing Rs.11.00 Lakh, in May, 2023, in a Govt. approved scheme and this has also been registered in my favour. All other formalities for its mutation has also been completed. Since I am planning to construct house on this newly acquired Plot in next 2 years, kindly guide:- (1)whether the amount already incurred in acquiring above Housing Plot would also be considered against utilization of Capital Gain ? (2)the amount I have to kept in the Capital Gain Account Scheme for utilization during construction of House shall be Rs.15.00 Lakh OR Rs.4.00 Lakh (after deducting cost of Plot i.e. Rs.11.00 Lakh) ? Kindly Guide Regards !
Ans: Hello,

I understand your situation and I'm here to help. Based on the details you've provided and the current tax laws in India, here's what you need to know:

1) The amount you've spent on acquiring the housing plot can indeed be considered for the utilization of your capital gain. As per the Income Tax Act, if you reinvest the capital gains from the sale of a property in buying a new property or constructing a new house, you can claim tax exemption on the capital gains.

2) The amount you need to keep in the Capital Gain Account Scheme (CGAS) would be the remaining amount after deducting the cost of the plot from the capital gain. In your case, if you've already spent Rs. 11.00 Lakh on the plot, you would need to keep Rs. 4.00 Lakh (Rs. 15.00 Lakh - Rs. 11.00 Lakh) in the CGAS. This amount should be utilized for the construction of the house within the specified time period, which is 3 years from the date of sale of the original property.

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Dear Chokshi JI I have sold a residential property in Feb.2023 and have capital gain of about 15.00 lakh. To construct new house, I have already bought residential plot costing 9.00 lakh and sale deed registered in May,2023. The cost of Plot was meet out from the sale proceed of the residential property sold in Feb.23. Kindly advise whether I have to kept Rs.6.00 lakh (i.e.Gain15.00 lakh minus 9.00 lakh cost of Plot) in Capital Gain Account Scheme for the construction of House OR I have to kept whole money of Capital Gain i.e. Rs.15.00 lakh in the CGAS. How much Amount I have to show in the IT Return for AY 2023-2024 ?
Ans: As per the provisions of the Income Tax Act in India, if you have made a capital gain from the sale of a residential property and wish to claim exemption under Section 54F by investing in a new residential property, the following rules apply:

- You can claim exemption on the capital gains if you invest the entire amount of capital gains in a new residential property. In your case, the total capital gain is Rs. 15.00 lakh, and you have utilized Rs. 9.00 lakh to purchase the residential plot. To claim the exemption, you must utilize the entire Rs. 15.00 lakh amount for the construction of the new house.

- If you are unable to invest the entire capital gains amount before the due date of filing your income tax return (usually July 31st of the assessment year), you can deposit the unutilized amount in a Capital Gain Account Scheme (CGAS) before the due date to claim the exemption. In your case, if you haven't utilized the entire Rs. 15.00 lakh for purchasing the residential plot and construction has not yet begun, you must deposit the unutilized amount of Rs. 6.00 lakh in the CGAS.

- In your Income Tax Return for AY 2023-2024, you need to show the capital gains from the sale of the residential property, which is Rs. 15.00 lakh, and then claim the exemption under Section 54F for the amount utilized to purchase the residential plot and construct the new house (i.e., Rs. 9.00 lakh). Additionally, you should mention that the remaining Rs. 6.00 lakh is deposited in the CGAS for the purpose of constructing the new house to claim the complete exemption.

Please note that to avail of the exemption under Section 54F, you need to fulfill all the conditions mentioned in the section, such as not owning more than one residential house (excluding the new one) on the date of transfer of the original property and not purchasing any other residential property within a specified time frame.

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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