Income Tax Act 2025 — Section 82 Capital Gain Tax Saver
Save 100% Capital Gains Tax on Your House Sale — Section 82 Complete Guide 2025
India's most comprehensive plain-language guide to Section 82 Capital Gain Tax Saver
CA Sagar Batra
Chartered Accountant | Capital Gains & Property Tax Expert
With over 12 years of experience in income tax planning, property transactions, and ITR filing, CA Sagar Batra has helped 5,000+ Indian families legally save crores in capital gains tax through Section 54 / Section 82 exemptions.
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Section 82 Capital Gain Tax Saver Guide
What is Section 82 Capital Gain Tax Saver? A Simple Introduction
For most Indian families, selling a house is a huge milestone — often the result of years of hard work, emotional attachment, and patience.
The money you get from selling your house is not just the amount you originally spent; usually it brings in extra money because property values rise over the years. This extra profit is called Capital Gains. The government wants to collect tax on this capital gain.
Many people worry about what happens if a big portion of this hard-earned profit goes away as tax. For someone selling an old family home to retire peacefully, or for a family shifting cities for better opportunities, a big tax bill can be discouraging.
This is where Section 82 of the Income Tax Act, 2025 becomes a real friend. It is a capital gain tax saver rule introduced by the government to help regular people and families when selling their own residential property.
If you use your profit from selling your home to buy or build another residential house in India, you may not need to pay any tax at all on that profit.
Section 82 Capital Gain Tax Saver — The Core Idea
Reinvest your capital gain from a residential house sale into a new residential house in India → Pay zero capital gains tax.
This law helps Indian families keep their wealth invested in property instead of losing a major part to taxes. Whether upgrading, downsizing, relocating, or helping children — Section 82 offers real tax relief when rules are followed properly.
Section 82 Capital Gain Tax Saver — At a Glance
| Feature | Details |
|---|---|
| Applicable Law | Section 82, Income Tax Act 2025 |
| Who Can Claim? | Individuals & HUF |
| Property Sold | Residential house (long-term capital asset) |
| New Property Required? | Yes — another residential house in India |
| Time to Buy | 1 year before OR 2 years after sale |
| Time to Construct | 3 years after sale |
| Maximum Exemption Cap | ₹10 Crore |
| Two-House Benefit | One-time lifetime option if gain ≤ ₹2 Crore |
| Deposit Option | Capital Gains Account Scheme (CGAS) |
| Filing Required? | Yes — must claim in ITR with documentation |
Section 82 Capital Gain Tax Exemption
Who Can Claim Section 82 Capital Gain Tax Exemption?
The Section 82 capital gain tax saver is designed mainly for individuals and family groups, so the rules are strict about who can use it.
✅ Eligible: Individuals and Hindu Undivided Families (HUF)
An Individual: You must be a person in your own name. This could be anyone — working professionals, businesspersons, housewives, retired people, or even students who have property ownership.
Mrs. Verma, a retired bank employee, sells her self-occupied apartment. She qualifies as an individual and can claim the Section 82 capital gain tax exemption if she reinvests her gains as per the conditions.
A Hindu Undivided Family (HUF): HUFs are a common family setup in India, where property is held in the name of the family instead of an individual person.
"Kumar HUF" owns a house which is being sold. If the HUF reinvests the capital gains as per Section 82, it can claim the benefit.
❌ Not Eligible: Companies, LLPs, and Partnership Firms
This capital gain tax saving benefit under Section 82 is not meant for companies, LLPs, partnership firms, or businesses. These entities usually deal in property as a commercial activity, not for personal residential use.
ABC Pvt Ltd owns a residential flat and sells it. The company cannot claim exemption under Section 82, no matter what it does with the proceeds.
Section 82 Eligibility: Who Can & Cannot Claim
| Taxpayer Type | Eligible? | Reason |
|---|---|---|
| Individual (Resident Indian) | YES | Core beneficiary of Section 82 |
| Individual (NRI) | YES | Property sold/bought must be in India |
| Hindu Undivided Family (HUF) | YES | Explicitly included in Section 82 |
| Private Limited Company | NO | Commercial entity, not personal residential use |
| Partnership Firm | NO | Not eligible under Section 82 |
| LLP | NO | Not eligible under Section 82 |
| Trust (except HUF-type) | CONSULT CA | Depends on trust deed structure |
| AOP / BOI | NO | Not explicitly covered |
💡 CA Sagar Batra's Tip
If you have inherited family property registered in the name of an HUF or an individual, you are eligible. Always check whose name is actually on the property papers before planning to claim the Section 82 capital gain tax exemption.
Section 82 Capital Gain Tax Exemption
What Property Qualifies as the "Original Asset" Under Section 82?
The Section 82 capital gain tax saver exemption applies only to certain kinds of properties. Understanding this is critical so you don't make a wrong claim.
Only Residential Property Qualifies
The property sold must be a house or apartment meant for residential use — either self-occupied or let out for residential tenancy. It cannot be a commercial property or vacant building plot.
Property Type Qualification Under Section 82
| Property Type Sold | Qualifies for Section 82? | Notes |
|---|---|---|
| Self-occupied flat/apartment | YES | Most common case — fully eligible |
| House given on rent (residential) | YES | Must be taxed as "house property income" |
| Vacant residential house | YES | Even if not occupied all year |
| Inherited residential house | YES | Prior owner's holding period counted |
| Commercial office/shop | NO | Not a residential property |
| Empty plot of land | NO | No structure = not eligible |
| Godown / warehouse | NO | Industrial use — not eligible |
| Farmhouse (not used as residence) | NO | Must be used as residence to qualify |
| Mixed-use property | PARTIAL | Proportionate calculation required — consult CA |
Example — Rental Property Qualifies
Mr. Banerjee had let his flat out on rent for 10 years, claiming rental income under "Income from House Property" in his tax return. When he sells the flat, he can use the Section 82 capital gain tax exemption.
Section 82 Capital Gain Tax Exemption
Section 82 Time Limits to Buy or Construct a New House — Don't Miss These!
How quickly you reinvest the sale proceeds determines whether you get a full Section 82 capital gain tax exemption. Missing these deadlines — even by one day — means you lose the benefit.
Time Limits for Purchase or Construction
| Option | Window Allowed | Example |
|---|---|---|
| Buy BEFORE sale | Within 1 year before sale date | Bought new flat on 15 July 2024 → Sold old house on 12 July 2025 ✓ |
| Buy AFTER sale | Within 2 years after sale date | Sold house on 10 June 2025 → Must buy before 9 June 2027 ✓ |
| Construct new house | Within 3 years after sale date | Sold house on 1 Sept 2025 → Must finish by 31 Aug 2028 ✓ |
🚨 Critical Deadline Warning
Missing the purchase or construction deadline by even ONE day means full capital gains tax becomes payable. Set multiple reminders — on your phone, calendar, and with your CA.
Construction Example — The Pillais
Mr. and Mrs. Pillai sold their flat on September 1, 2025, and bought land to build a house in Coimbatore. They must finish construction by August 31, 2028 to keep the Section 82 capital gain tax saving exemption.
They pay for their plot in late 2025, hire a builder, and begin work in early 2026. As long as the home is ready and certified by September 1, 2028, they are safe.
Section 82 Capital Gain Tax Saver Guide
Income & Tax Calculation Examples Under Section 82 Capital Gain Tax Saver
Let’s understand how the Section 82 capital gain tax saver actually reduces your tax bill with real numbers.
Example 1: Full Exemption — Capital Gain Less Than New House Cost
Scenario: Mr. Sharma sells his Delhi flat (held 15 years)
| Sale Price of Old House | ₹1,20,00,000 |
| Indexed Cost of Acquisition | ₹45,00,000 |
| Long-Term Capital Gain (LTCG) | ₹75,00,000 |
| New House Purchased (Bengaluru) | ₹90,00,000 |
| Amount Invested ≥ Capital Gain? | YES |
| Section 82 Exemption Claimed | ₹75,00,000 |
| Taxable Capital Gain After Exemption | ₹0 |
| 💰 Tax Saved (at 20%) | ₹15,00,000 |
Example 2: Partial Exemption — Capital Gain More Than New House Cost
Scenario: Mr. Roy sells his Chennai home after 15 years
| Sale Price of Old House | ₹2,20,00,000 |
| Indexed Cost of Acquisition | ₹1,00,00,000 |
| Long-Term Capital Gain (LTCG) | ₹1,20,00,000 |
| New House Purchased in Goa | ₹80,00,000 |
| Section 82 Exemption | ₹80,00,000 |
| Taxable Capital Gain | ₹40,00,000 |
| Tax Payable (20%) | ₹8,00,000 |
| 💰 Tax Saved | ₹16,00,000 |
Example 3: Two-House Benefit — Gain ≤ ₹2 Crore
Scenario: The Pillais sell their house — Gain is ₹1.9 Crore
| Total Capital Gain | ₹1,90,00,000 |
| Is Gain ≤ ₹2 Crore? | YES |
| New House 1 — Chennai Flat | ₹95,00,000 |
| New House 2 — Bengaluru Flat | ₹95,00,000 |
| Total Reinvested | ₹1,90,00,000 |
| Section 82 Exemption | ₹1,90,00,000 |
| Taxable Capital Gain | ₹0 |
| 💰 Total Tax Saved | ₹38,00,000 |
⚠️ Two-House Benefit Boundary Warning
If your capital gain is even ₹1 more than ₹2,00,00,000, you lose the two-house benefit entirely. Carefully verify your capital gain calculation before planning two purchases.
Example 4: High-Value Sale — ₹10 Crore Cap in Action
Scenario: Mr. Kumar sells a Mumbai metro bungalow
| Capital Gain from Sale | ₹15,00,00,000 |
| New Luxury House Purchased | ₹22,00,00,000 |
| Section 82 Exemption | ₹10,00,00,000 |
| Taxable Capital Gain | ₹5,00,00,000 |
| Tax Payable (20%) | ₹1,00,00,000 |
| 💰 Tax Saved Through Section 82 | ₹2,00,00,000 |
Section 82 Capital Gain Tax Saver Guide
What Happens to Your Capital Gain? Three Scenarios Compared
Understanding how reinvestment affects your capital gains tax can help you plan smarter and avoid unnecessary tax payments.
| Scenario | Gain Amount | New House Cost | Exemption | Tax Payable | If New House Sold Within 3 Years |
|---|---|---|---|---|---|
| Full Reinvestment | ₹75 lakh | ₹90 lakh | ₹75 lakh (100%) | Nil | Exempted amount (₹75L) deducted from cost; higher future tax |
| Partial Reinvestment | ₹1.2 crore | ₹80 lakh | ₹80 lakh | ₹8 lakh (on ₹40L balance) | If gain > new house cost → new house cost treated as ₹0 |
| No Reinvestment | ₹75 lakh | — | Nil | ₹15 lakh (at 20%) | N/A |
| Two Houses (≤₹2Cr) | ₹1.9 crore | ₹95L + ₹95L | ₹1.9 crore (100%) | Nil | Reduced cost basis for both houses |
| High-Value (>₹10Cr) | ₹15 crore | ₹22 crore | ₹10 crore (capped) | ₹1 crore (on ₹5Cr) | New house cost reduced by ₹10Cr for future sale |
Section 82 Capital Gain Tax Saver Guide
Capital Gains Account Scheme (CGAS) What If You Can't Buy Right Away?
It’s common to not find the right property or face construction delays after getting your sale proceeds. The law has a smart workaround called the Capital Gains Account Scheme (CGAS) — and it’s an important part of the Section 82 capital gain tax saving strategy.
What Is CGAS?
A special account only for capital gains, available at specific government-designated banks. There are two types:
| Type | Structure | Best For | Flexibility |
|---|---|---|---|
| Type A | Savings-like account | Frequent, smaller withdrawals for construction payments | High — flexible withdrawal |
| Type B | Fixed deposit style | Lump-sum purchase of ready house | Lower — fixed term |
CGAS Process & Key Deadlines
- Open CGAS account before your ITR due date (usually July 31)
- Deposit the full unutilized capital gain amount or the portion planned for exemption
- Submit proof of CGAS deposit along with your ITR filing
- Withdraw only to buy/construct a new house — no other use permitted
🚨 Critical: Don't Use Ordinary FD or Savings Account
Do NOT park your capital gains in a regular FD, recurring deposit, or normal savings account. Only a proper CGAS account qualifies. Using the wrong account means your exemption becomes invalid.
CGAS Success Story
Ramesh sold a flat in July 2025 and deposited ₹30 lakh in a CGAS Type B account. Next March, he finds the right property and uses the amount directly from the CGAS account. He remains eligible for the Section 82 capital gain tax exemption.
What If You Don't Use the CGAS Deposit Within 3 Years?
Even if your money sits in CGAS, the exemption cannot last forever. After 3 years, whatever is left in your CGAS account becomes taxable as income in the year the 3-year mark expires. The full leftover balance is added to your taxable income for that financial year.
CGAS Expiry Warning — Mrs. Joshi
Mrs. Joshi sells her house in May 2025 and deposits ₹20 lakh in CGAS because she’s undecided. By May 2028, she still hasn’t bought or built a house. Now, the entire ₹20 lakh becomes taxable for FY 2028–29 and she must pay regular tax on it.
Section 82 Capital Gain Tax Saver Guide
The Two-House Option Under Section 82 A Rare Lifetime Opportunity
The Section 82 capital gain tax saver gives a unique one-time lifetime opportunity to buy or build two new homes — but only if the total capital gain is ₹2 crore or less.
When to Use the Two-House Benefit
- Buy one house for yourself and another for a child or parent
- Purchase two smaller apartments instead of one large house
- Buy in two different cities or states (both must be residential and in India)
- Help twin children set up homes in different cities
⭐ Lifetime Restriction — Use Wisely!
Once you use this two-house benefit, you CANNOT use it again for any future property sale in your entire lifetime. Even if you sell property in 2040, the two-house option will be gone. Pick the most strategic moment to use it.
Two-House Eligibility Summary
| Capital Gain Amount | Number of Houses Allowed | Two-House Option Available? |
|---|---|---|
| Up to ₹2,00,00,000 | Two residential houses | YES — Once in Lifetime |
| ₹2,00,00,001 and above | Only one residential house | NO |
Section 82 Capital Gain Tax Saver Guide
The ₹10 Crore Exemption Cap Everything You Need to Know
The government sets a cap of ₹10 Crore on the Section 82 capital gain tax exemption to focus benefits on regular buyers, not those investing in luxury or speculative properties.
Key Rules of the ₹10 Crore Cap
- No matter how much profit you make or how expensive your new home is, only ₹10 crore counts for exemption
- Even if you buy two homes legally under the ₹2 crore rule, each home's cost is capped at ₹10 crore for exemption purposes
- You cannot deposit more than ₹10 crore in CGAS for exemption calculation purposes
💡 CA Sagar Batra's Advice on the ₹10 Crore Cap
If you are dealing with high-value property transactions above ₹10 crore, consult a CA well in advance. The structuring of your transaction can significantly impact how much of the ₹10 crore cap you actually utilise, and there may be other legal tax planning strategies available.
Section 82 Capital Gain Tax Saver Guide
Section 82 (2025) vs Section 54 (Old Act) Key Differences
Many taxpayers wonder how the Section 82 capital gain tax saver of the Income Tax Act 2025 compares to the older Section 54. Here's a detailed comparison:
| Feature | Section 82 (IT Act 2025) | Section 54 (Old Act) |
|---|---|---|
| Applicable Act | Income Tax Act 2025 | Income Tax Act 1961 |
| Exemption Cap | ₹10 Crore (explicit cap) | ₹10 Crore (introduced via amendment) |
| Two-House Benefit | Once in lifetime, gain ≤ ₹2 Cr | Once in lifetime, gain ≤ ₹2 Cr |
| Purchase Timeline | 1 year before / 2 years after | 1 year before / 2 years after |
| Construction Timeline | 3 years after sale | 3 years after sale |
| CGAS Deposit | Required if not reinvested by ITR date | Required if not reinvested by ITR date |
| Eligible Sellers | Individual & HUF | Individual & HUF |
| New Property Location | India only | India only |
ℹ️ Note for ITR Filers
If your property was sold in FY 2024–25 or before, Section 54 of the old Act applies. If sold in FY 2025–26 onwards, Section 82 of the new Income Tax Act 2025 applies.
The rules are largely similar, but always confirm with your CA which section to cite in your ITR.
Section 82 Capital Gain Tax Saver Guide
What If You Sell the New House Within 3 Years? Tax Impact Explained
Selling the new house before 3 years has significant tax consequences under the Section 82 capital gain tax saving provisions. The law creates a strong lock-in effect on the new house.
Scenario A: Original Gain WAS MORE Than New House Cost
Raj's Case — Sells New House Within 2 Years
| Original Capital Gain (when old house was sold) | ₹1,20,00,000 |
| New House Purchased | ₹80,00,000 |
| Exemption Claimed | ₹80,00,000 |
| New House Sold for (2 years later) | ₹1,00,00,000 |
| Cost Basis of New House (for tax) | ₹0 (treated as zero!) |
| Taxable Gain on Second Sale | ₹1,00,00,000 |
Scenario B: Original Gain Was EQUAL TO OR LESS Than New House Cost
Neha's Case — Sells New House Within 3 Years
| Original Capital Gain | ₹50,00,000 |
| New House Purchased | ₹65,00,000 |
| Exemption Claimed | ₹50,00,000 |
| New House Sold Within 3 Years for | ₹80,00,000 |
| Adjusted Cost of New House (₹65L - ₹50L) | ₹15,00,000 |
| Taxable Gain on Second Sale | ₹65,00,000 |
💡 Golden Rule
Hold your new house for at least 3 years after purchase to avoid these cascading tax consequences. The Section 82 capital gain tax saver benefit works best when you commit to the new property long-term.
Section 82 Capital Gain Tax Saver Guide
Step-by-Step Decision Flow Is Section 82 Right for You?
Follow this simple step-by-step decision flow to understand whether you qualify for the Section 82 capital gain tax exemption.
Did You Sell a Residential House?
No (office, shop, empty plot sold) → Not eligible for Section 82. Stop here.
Yes → Go to Step 2.
Are You an Individual or HUF?
No (company or firm) → Exemption denied.
Yes → Go to Step 3.
Did You Buy/Construct Within Required Time?
No → Fully taxable unless you used CGAS and remain within the deposit timeline.
Yes → Go to Step 4.
Did You Deposit Unused Gain in CGAS Before ITR Due Date?
No → Full capital gains become taxable if timeline missed.
Yes → You still have a chance. Use funds within deadline.
Is Your Gain ₹2 Crore or Less?
Yes → You get a one-time-in-life option for exemption on two residential properties.
No → Only one house is allowed for exemption.
Did You Use Your Full Capital Gain for the New House?
No → Partial exemption only (on amount reinvested). Pay tax on balance.
Yes → Full exemption now, but don't sell new house within 3 years.
Section 82 Capital Gain Tax Saver Guide
Section 82 Compliance Checklist Don't Miss Anything
Use this checklist before claiming your Section 82 capital gain tax exemption to avoid mistakes, delays, or rejection during ITR filing.
Confirm that the property sold is a residential house (not commercial/plot)
Verify you are an individual or HUF (not company/firm)
Calculate your Long-Term Capital Gain accurately with indexation
Note the exact date of sale — all timelines start here
Check if new house is already purchased (within 1 year before)
If not yet purchased, open CGAS account before ITR filing date
Set reminders for 2-year purchase deadline and 3-year construction deadline
Check if gain ≤ ₹2 crore — decide if you want to use the two-house lifetime option
New house must be in India (not abroad)
Collect all receipts, agreements, possession letters, completion certificates
Claim exemption in the correct schedule of your ITR
Plan not to sell new house for at least 3 years
Consult CA Sagar Batra or a qualified CA before any large property transaction
Section 82 Capital Gain Tax Saver Guide
Frequently Asked Questions Section 82 Capital Gain Tax Saver
Here are the most common questions taxpayers ask before claiming the Section 82 capital gain tax exemption.
Can I buy a flat instead of an independent house?
Yes. Section 82 capital gain tax exemption covers any type of residential house — flat, apartment, penthouse, or villa. It must be meant for living (not for shop/office). Your tax benefit remains the same regardless of type or floor.
Can I buy the new house in another country?
No. The new house must be purchased or constructed in India. No exemption applies for buying property abroad. You may invest overseas, but you will lose the Section 82 capital gain tax saving entirely.
If I forget to deposit in CGAS on time, do I lose my exemption?
Yes. If you miss the CGAS deposit deadline, you pay tax on your entire capital gain — even if you later buy a house. Always deposit before filing your ITR for the relevant year to preserve your Section 82 capital gain tax exemption.
Can I use the two-house option more than once in my life?
No. The two-house option under the Section 82 capital gain tax saver is a one-time, lifetime choice per taxpayer. Whether you use it in 2025 or 2035, you cannot use it again for any future sale.
If I inherit a house and sell it, can I claim Section 82 exemption?
Yes, as long as it's a long-term residential house and you meet all other conditions. The period of ownership of the previous owner (parent/grandparent) is counted towards your holding period for determining whether it qualifies as a long-term capital asset.
Can I buy the new house jointly with my spouse or children?
Yes, provided you invest at least your share of the capital gain into the new property and your name is mentioned as an owner. The exemption amount is limited to your actual investment in the new house.
Can I claim exemption for renovating my existing house?
No. Section 82 capital gain tax exemption applies only for purchase or construction of a new residential house. Extensions or renovations of an existing house are not eligible.
Do NRIs get the Section 82 capital gain tax exemption?
Yes, as long as the property sold and the new property bought are both in India, and all other conditions (residential house, timelines) are met. NRIs are fully eligible for the Section 82 capital gain tax saving.
What is the penalty for not mentioning Section 82 in my ITR?
If you fail to mention the Section 82 exemption details in your ITR — including sale details, new house purchase, and CGAS deposit (if any) — and the case is picked up for scrutiny, you may face disallowance of exemption, interest under Section 234A/B/C, and penalty for under-reporting of income. Always file a complete and accurate ITR.
What if my capital gain is in a joint name property?
Each co-owner's share of the capital gain is calculated separately. Each co-owner can independently claim the Section 82 capital gain tax exemption on their proportionate share, provided they each reinvest in a new residential house as per their respective plans and timelines.
Section 82 Capital Gain Tax Saver Guide
Additional Strategies to Maximise Your Section 82 Capital Gain Tax Saving
Smart planning can significantly improve your tax savings under Section 82. Here are practical strategies that help taxpayers maximise exemption benefits while avoiding costly mistakes.
1. Combine Section 82 With Other Deductions
While claiming the Section 82 capital gain tax exemption, you can also claim home loan interest deduction under Section 24(b) for the new house.
These are separate provisions and do not cancel each other out. If you take a home loan to purchase the new house, the interest paid is separately deductible from your “Income from House Property.”
2. Timing Your Sale Strategically
If you know you want to purchase a new house but haven't found the right property yet, try to sell in the first half of a financial year.
This gives you more time to search for the new property while staying within the 2-year purchase window, and it also gives enough time to open a CGAS account before the ITR due date if needed.
3. NRI-Specific Planning Under Section 82
NRIs selling property in India can use the Section 82 capital gain tax saver by reinvesting in another residential property in India.
The buyer (if resident Indian) must deduct TDS at the applicable rate, but the NRI can claim refund of excess TDS after filing ITR with Section 82 exemption. It is strongly recommended that NRIs engage a CA for advance planning.
4. Joint Owners — Each Gets Separate Exemption
If a house is owned jointly, each co-owner is eligible for a separate Section 82 capital gain tax exemption on their share of the gain.
Example: if husband and wife each own 50% of a house and the combined gain is ₹1.5 crore, each has ₹75 lakh gain. Each can independently reinvest ₹75 lakh and claim their own exemption.
5. Under-Construction Flats Count as Construction
If you book an under-construction flat and make stage-wise payments to the builder, this is treated as “construction” for Section 82 purposes.
The 3-year construction deadline applies. Keep all payment receipts, builder agreements, and ensure possession is received within 3 years of your original property sale.
Section 82 Capital Gain Tax Saver Guide
Section 82 Capital Gain Tax Saver Complete Quick Reference Table
Use this quick reference table for a fast summary of all the important Section 82 rules, limits, timelines, and compliance requirements.
| Feature | Rule / Explanation |
|---|---|
| Who is Eligible? | Individuals & HUFs only |
| Asset Sold | Residential House (Long-term capital asset) |
| Eligible Assets Sold | Family home, self-occupied flat, house rented to someone else, inherited residential house |
| Ineligible Assets Sold | Commercial shop, empty plot of land, office space, farmhouse not used residentially |
| Asset Bought | Another Residential House in India only |
| Eligible New Assets | Newly built villa, ready-to-move apartment, under-construction flat (booked within timeline) |
| Ineligible New Assets | House outside India, commercial building, land without a house |
| Time to Buy | 1 year BEFORE OR 2 years AFTER sale |
| Time to Construct | 3 years after sale |
| Maximum Exemption Cap | ₹10 Crore |
| Two-House Option | Only if Capital Gain ≤ ₹2 Crore — Once in a lifetime |
| Unused Money Parking | Must be deposited in CGAS before ITR due date |
| CGAS Deadline | 3 years from sale date; unused amount becomes taxable income |
| New House Lock-in | Do not sell new house within 3 years — adverse tax consequences |
| ITR Requirement | Must be claimed in ITR with all supporting documents |
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Important Legal Disclaimer
Disclaimer
This article is authored by CA Sagar Batra for general information purposes only and is based on Section 82 of the Income Tax Act, 2025. Tax laws are subject to change; rules and their interpretation may evolve over time.
This guide should not be treated as formal legal or tax advice for your specific circumstances. Always consult a qualified Chartered Accountant (CA) before selling or buying property and before filing your income tax return.
Always check the latest provisions of the law before making important financial decisions.