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Microlesson · 5-min read

Exemptions from Capital Gains — Sections 54, 54B & 54D

## Exemptions from Capital Gains — Sections 54, 54B, 54D

The Income-tax Act provides several exemptions where capital gain is exempt if reinvested in specified assets within prescribed time-limits. Below is a comparative chart of the three foundational exemptions.

### Comparative Table

ParticularsSection 54Section 54BSection 54D
Eligible AssesseeIndividual / HUFIndividual / HUFAny Person
Asset TransferredResidential House Property (LTCG only)Urban Agricultural Land (STCG / LTCG) — used for agriculture for 2 years precedingCompulsory acquisition of Land & Building of industrial undertaking (STCG / LTCG)
Asset in which Gain is InvestedOne Residential House in India (If CG ≤ ₹2 crore, two houses allowed — once in lifetime)Agricultural Land (urban or rural)Land & Building for industrial purposes
Time Limit for InvestmentPurchase: 1 year before or 2 years after transfer; OR Construct: within 3 years from transferWithin 2 years from date of transferWithin 3 years from date of transfer

### Common Rules across all three sections

  • Quantum of Exemption = Lower of (Capital Gain) or (Amount Invested)
  • Lock-in Period: If new asset is transferred within 3 years (5 years for 54D) of its acquisition, the exemption is reversed by reducing COA of new asset (so larger STCG arises on its sale)
  • Capital Gains Account Scheme (CGAS): If investment is not made before the due date of filing return, the unutilised amount must be deposited in CGAS before the due date u/s 139(1) to claim exemption
  • For Section 54, the limit of investment is ₹10 crore (post Finance Act, 2023 amendment)

### Section 54 — Special Two-House Option

Individual / HUF may invest in 2 residential houses in India if:

  • Capital Gain ≤ ₹2 crore, AND
  • The option is exercised only once in a lifetime

### Section 54B — Agriculturist Protection

Only urban agricultural land is a capital asset (rural agricultural land is not even a capital asset, so no gain arises). The exemption is for individual/HUF who used the land for agriculture personally or through parents for 2 years preceding transfer.

### Section 54D — Industrial Undertaking

Applies only to compulsory acquisition of L&B used for industrial undertaking. Available to any person (not just Individual/HUF). The industrial use must be for 2 years preceding the date of compulsory acquisition.

Worked example

### Example 1

Section 54 Example: Mr. H sells residential house in May 2024 — LTCG = ₹1.5 crore. He purchases another house in March 2025 for ₹1.2 crore, and another house in June 2025 for ₹50 lakh (combined ₹1.7 cr).

Since LTCG ≤ ₹2 crore, he can claim exemption for two houses (lifetime once). Exemption = Lower of (LTCG ₹1.5 cr) or (Invested ₹1.7 cr) = ₹1.5 cr fully exempt.

### Example 2

Section 54B Example: Mr. I sold urban agricultural land (used for agriculture since 2018) on 1.6.2024 for ₹30 lakh. COA ₹10 lakh. LTCG ₹20 lakh. He purchases new agricultural land for ₹15 lakh in March 2025 and deposits ₹5 lakh in CGAS before 31.7.2025.

Exemption = Lower of (₹20 lakh CG) or (₹15 lakh + ₹5 lakh = ₹20 lakh) = ₹20 lakh fully exempt.

⚠️ Common exam mistakes

  • Claiming Section 54 for STCG on residential house — Section 54 applies only to LTCG.
  • Investing in a residential plot only (not a house) under Section 54 — must be a house, not bare land.
  • Claiming Section 54B for rural agricultural land — rural agri land is not a capital asset, so no gain and no exemption needed.
  • Forgetting the 2-year prior agricultural use condition for Section 54B.
  • Missing the CGAS deposit deadline (due date of filing return u/s 139(1)) for unutilised amounts.
  • Claiming the two-house benefit (Section 54) more than once in a lifetime.
Bare-Act text Sections 54, 54B and 54D · Income-tax Act, 1961 · click to expand
Section 54(1): Subject to the provisions of sub-section (2), where, in the case of an assessee being an individual or a Hindu undivided family, the capital gain arises from the transfer of a long-term capital asset, being buildings or lands appurtenant thereto, and being a residential house, the income of which is chargeable under the head 'Income from house property', and the assessee has within a period of one year before or two years after the date on which the transfer took place purchased, or has within a period of three years after that date constructed, one residential house in India, then... the amount of the capital gain shall not be charged under section 45...
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