Back Up Next

EXEMPTION UNDER THE HEAD CAPITAL GAINS

 

Section

Asset

Assessee

Holding Period of Original Assets

Whether Reinvestment Necessary — Time Limit

Other Conditions/ Incidents

Quantum

(1)

(2)

(3)

(4)

(5)

(6)

(7)

54

Residential House Property

Individual/ HUF

3 years

Yes — In Residential House, within 1 year before, or 2 years after the date of transfer (if purchased) or 3 years after the date of transfer (if constructed).

See Notes 1, 2, 10, 11 & 12

The amount of gains, or the cost of new asset, whichever is lower

54B

Agricultural Land except those Exempted u/s 10(37)

Individual / HUF (see Note 17)

Use for 2 years

Yes — In Agricultural Land, within 2 years after the date of transfer.

Must have been used by assessee or his parents for agricultural purposes
See Notes 1, 2 and 10

As above

54D

Industrial Land or Building or any right therein

Any Assessee

Use for 2 years

Yes — In Industrial Land, Building, or any right therein within 3 years after the date of transfer.

Must have been compulsorily acquired. See Notes 1, 2, 3 and 10

As above

54EC

Any Long-term Capital Asset (LTCA)

Any Assessee

Shares, Listed Securities, Units of UTI/Mutual Fund covered u/s. 10(23D) : 1 year
Others : 3 years

Yes — Whole or any part of capital gain in bonds redeemable after 3 years and issued on or after
1-4-2006 by NHAI or REC and notified by the Govt.– within 6 months from the date of transfer.

See Notes 10, 14 and 15

The amount of gain or the cost of new asset whichever is lower subject to ` 50,00,000 per assessee during any financial year for investments made on or after 1-4-2007. Also investment in bonds notified before 1-4-2007 would be subject to conditions laid down in notification including limiting conditions (i.e., ` 50 lakhs per assessee)

54F

Any Capital Asset (not being a residential house)

Individual, HUF

Shares, Listed Securities, Units of UTI/Mutual Fund covered u/s. 10(23D) : 1 year
Others : 3 years

Yes — In Residential House, within 1 year before, or 2 years after the date of transfer (if purchased), or 3 years after the date of transfer (if constructed).

See Notes 2, 4, 5, 10, 11, 12 & 16

If the cost of the specified asset is not less than Net Consideration of the original asset, the whole of the gains. If the cost of the specified asset is less than the Net Consideration, the proportionate amount of the gains.

54G

Industrial land or building or plant or machinery

Any Assessee

Yes — In similar assets and expenses on shifting of original asset, within 1 year before, or 3 years after the date of transfer.

See Notes 1, 2 and 6

The amount of gains, or the aggregate cost of new asset and shifting expenses, whichever is lower.

54GB

Residential property being a house or a plot of land

Individual / HUF

5 years

Yes — In subscription of equity shares before due date of filing return of an eligible company and the company within 1 year utilise the amount for purchase of new asset

See Note 18

If the cost of the specified asset is not less than Net Consideration of the original asset, the whole of the gains. If the cost of the specified asset is less than the Net Consideration, the proportionate amount of the gains.

54GA

Industrial land or building or plant or machinery

Any Assessee

Yes — In similar assets and expenses on shifting of original assets to a Special Economic Zone – within 1 year before or 3 years after the date of transfer.

See Notes 1, 2 and 7

The amount of gains, or the aggregate cost of new asset and shifting expenses, whichever is lower

115F

Foreign Exchange Asset

Non-Resident Indian (Individual)

Shares, Listed Securities, Units of UTI/Mutual Fund covered u/s. 10(23D) : 1 year
Others : 3 years

Yes— In 'Specified Assets' or Specified Savings Certificates of Central Government, within 6 months after the date of transfer

See Notes 8, 9 and 13

Same as u/s. 54F above.

Back Home Up Next