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Property sold in January 2025 - Is indexation applicable for capital gains tax calculation?

Vipul

Vipul Bhavsar  |33 Answers  |Ask -

Tax Expert - Answered on Mar 04, 2025

Vipul Bhavsar is a chartered accountant from The Institute of Chartered Accountants of India. He has over 16 years of experience in corporate advisory, taxation and financial reporting.
His interest areas are consulting, income tax, GST and due diligence.
He founded his CA firm, V J Bhavsar and Associates, in 2010 through which he offers services like virtual CFO, trademark registrations, company /LLP formation, MIS reporting, audit, tax and TDS compliances, accounts receivable/payable management and payroll processing.... more
Saikat Question by Saikat on Feb 28, 2025Hindi
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For property sold in January 2025 after 15 years of ownership, for the purpose of capitals gains tax calculations, is indexation still applicable under the current tax schemes? If indexation is applicable, will indexation be calculated on the cost of acquisition as well as the cost of any improvement on this property? If instead of paying the tax directly at this moment, if I want to invest the money in a property but do not have a property ready right now, can I opt for a CGAS account to put the capital gains amount in that account for the purpose of investing the amount in a property in the future? In that case, what happens if I fail to find a desirable property within 2 years? Do I have other options then? Also, when do I have to open this CGAS account - before the end of the financial year March 31 or before tax filing deadline July 31, 2025?

Ans: If the property is purchased on or before 22nd July 2024, then only indexation benefit can be taken.
Cost of acquisition and improvement both shall be eligible
You can keep the gain in CAGS and should be utilised with in 2 years for purchase or 3 years for construction of house
If you fail to invest in new property within given time frame, the capital gain exemption claimed earlier shall be withdrawn and Tax shall be payable along with Interest.
CAGS should be opened and funded within 6 months from date of sale or due date of filing of Return of Income, whichever is Earlier
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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Tejas

Tejas Chokshi  | Answer  |Ask -

Tax Expert - Answered on Jul 22, 2023

Asked by Anonymous - Jul 21, 2023Hindi
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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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