Queries related to Section 54F and Capital Gain Account Scheme (CGAS) Account

This query is : Resolved

San Gai (Querist)
Follow

22 March 2025 I am looking for an option to get exemption on Long Term Capital Gain tax on Equity Shares. I came to know that one can transfer the amount to Capital Gain Account Scheme (CGAS) Account
if the return filing date is near. Then the amount needs to be withdrawn from the CGAS account within 2 year to buy a residential property or within 3 year to construct a house.

Queries:
1. Does section 54F applies to only residential property? Doesn't it apply to land? I mean is land buying considered as buying a property?
2. Can section 54F be used for buying maximum two residential properties in lifetime? In other words if one ensures that there is no or a single property before using 54F every year unlimited times?
3. Does one need to transfer only LTCG tax amount to CGAS account or whole LTCG amount prior to tax?
4. If one transfers LTCG to CGAS. How the ITR 2 needs to be filled? Does one still need to show LTCG details? In addition to this, in which section CGAS details need to be filled?
5. Section 54F allows one to buy a property or construct a house within 1 year. So if one wants to know use section 54F but not actually used, then is there option on ITR 2 to fill such information?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
Follow

22 March 2025 1. Residential house property; not just land.
2. Yes unlimited times provided you do not possess more than one HP at the time of its eligibility. Also satisfy other conditions of the sub-section.
3. For sec. 54F its the total sell consideration and not just LTCG.
4. Yes details are to be declare with the exemption to be claimed for purchase of an HP.
5. If the amount is not utilized in purchase or construction of an HP within specified time period, the LTCG tax liability will arise in the year of its withdrawal.