As per finance act 2018, the deduction us 54ec is restricted to only transfer of. Section 54ec of the act provides that capital gain, arising from the transfer of a longterm capital asset, invested in the longterm specified asset at any time within a period of six months after the date of such transfer, shall not be charged to tax subject to certain conditions specified in the said section. Section 49 of income tax act cost with reference to certain. Section 54ec of income tax act 1961 provides for tax exemption on capital gains from sale of any long term asset original asset provided that capital gains are invested in specified bonds new asset within a period of 6 months after the date of transfer of original asset. Any other interpretation would render the provisions redundant high court. Currently, the eligible bonds are rec rural electrification corporation ltd and nhai national highways authority of india. Those desirous of availing exemption from capital gains tax under section 54 ec may invest in these bonds. The assessee was eligible for the exemption us 54ec of the actito v saraswati ramanathan 2008 300 itr at 410 del. Nov, 2018 section 54ee, incometax act, 19612018 income tax, by kanishka on.
Be it enacted by parliament in the twelfth year of the republic of india as follows. After section 54eb of the incometax act, the following section shall be inserted with effect from the 1st day of april, 2001, namely. Maintenance of accounts by certain persons carrying on business or profession. The benefit under section 54ec of income tax act 1961 can be availed when the assessee transfers longterm capital asset being land or building or both. Planning to invest ltcg in sec 54ec bonds to save tax. Learn more about income tax slabs, efiling income tax. As per the said section, the capital belongings capacity property of any form held by way of the person, whether the identifier is connected with his business or occupation or no longer connected with his enterprise or profession. Jul 28, 2019 i have long term capital gains ltcg from my real estate investments. Important case laws citedrelied upon by the parties. Such gains are taxed at 20% as long term capital gain tax. Longterm capital gains are the profit that a person makes when he sale any capital asset w. Section 54ec of incometax act 19612017 capital gain not.
What are the provisions of section 43ca of incometax act. Section 49 of income tax act cost with reference to certain modes of acquisition section 49. Deduction under section 54ec of income tax act 1961. Section 54ec of income tax act 19612017 provides for capital gain not to be charged on investment in certain bonds. Hence, the assessee will have to take a decision for the purchaseconstruction of the house property till the date of furnishing of the income tax return otherwise, the capital gain would become taxable.
Budget 2018 has proposed to amend the 54ec section of the income tax act wherein capital gains arising only from the sale of assets such as land or building or both will be considered for tax exemption. Budget 2018 amendment to section 54ec cleartax content. Specified bond for section 54ec of income tax act 1961 taxguru. The entire capital gain realized is invested within 6 months of the date of transfer in eligible bonds. This section has been amended recently by finance act, 2018 whereby lockin period of investment in capital gain bonds has been increased from 3 years. As per finance act 2018, the deduction us 54ec is restricted to only transfer of land or building or both. Lets start with a new head under income tax capital gains. Exemptions in respect of ltcg the amount of long term capital gain arising from sell of long term capital assets like house property is very large. For understanding the overall concept of income tax law in india, one should have to know the title or contents topics covered under sections 1 to 298 of income tax act, 1961 as amended by the. Section 54ec of the income tax act, 1961 lays down the provision that capital gains are exempt from tax, if the longterm capital gains are. Capital gains bond section 54ec hrp wealth creators.
Nov 26, 2017 income tax capital gains part 6 by ca vivek goel vg classes. Exemption available against long term capital gain is provided under sections 54, section 54ec, section 54f and section 54b of the income tax act, 1961. There is a certain exemption available against long term capital gain. Last updated on october 29th, 2019the section 54ec of the incometax act, 1961 allows a deduction in respect of long term capital gains arising from selltransfer of any long term capital asset. Summary of sections income tax act 1961 is available for download at the excellent download file is in the format of pdf. Long term capital gains are exempted from tax if the amount is reinvested in certain capital assets as specified under section 54, 54ec, 54f. Section 50c can be applied after claiming exemption us 54ec. Any long term capital gain arising on the sale of any long term assets other than a residential house property shall be exempted in full if the entire sale consideration of such sale is invested in. The section 54ec of the income tax act, 1961 allows a deduction in respect of long term capital gains arising from selltransfer of any long term capital asset. Welcome to investor services for pfc capital gain tax exemption bonds series iv. Mar 12, 2012 section 54ec of income tax act, 1961 provides an option to save tax on capital gain arising from transfer of long term capital asset subject to fulfillment of certain conditions. Section page contents division one 111 income tax act, 1961 page u arrangement of sections i3 u text of the income tax act, 1961 as amended by the finance act, 2011 1. Deduction under section 54ec of income tax act 1961 by investment in bonds notified by government of india.
May 25, 2016 the summary of the provisions of the 43ca of the income tax act, 1961 is as follows. Specified bond for section 54ec of income tax act 1961 the benefit under section 54ec can be availed only if there is an income from a. Section 54ec of income tax act, 1961 provides an option to save tax on capital gain arising from transfer of long term capital asset subject to fulfillment of certain conditions. Home income tax service tax vat central excise online forms bare acts companies act cpc crpc ipc formats. Provisions of section 54ec are being discussed herein below for the benefit of all concerned.
Director, to exercise powers conferred us 1 of the income tax act, 1961 the powers conferred in section 1 as vested in a court under code of civil procedure as under a discovery and inspection. The income tax act was enacted in the year 1961 and is the statute under which everything related to taxation is listed. The long term capital assets generally attract 20% tax. Insertion of new section 54ec income tax department. Section 54ec of income tax act, 1961 provides that capital gain arising from the transfer of longterm capital asset being land or building or both shall not be charged to tax in case the amount of capital gain is invested in capital gain bonds. Notwithstanding anything contained in sections 54, 54b, 54d, 54ec and 54f, where the transfer of the original asset is by way of compulsory acquisition under any law and. Section 54ec of incometax act 19612017 capital gain. List of sections of income tax act 1961 download pdf. Y 201920, the said long term capital asset shall be land or building or both which he has held for a period. However, in order to claim the deduction, one needs to invest in these bonds within 6 months from the date of the transfer of capital asset. Capital gains exemption us 54ec of income tax act, 1961.
The act basically aims to consolidate and amend the rules related to taxation in the country. While disposing the appeal in favor of assessee the bench mumbai of itat held. I have long term capital gains ltcg from my real estate investments. Important case laws citedrelied upon by the parties cit vs. Given income tax act sections list includes revised, omitted and newly added tax rules. Section 54 of income tax act 1961 provides tax exemption on capital gains that result from sale of residential house property. Capital bonds are being issued as long term specified assets within the meaning of sub section 54 ec of the income tax act, 1961. Definition of capital asset is contained underneath section 214 of the income tax act, 1961. Taxpayers or assessees who acquire capital gains can avail of tax deductions under section 54ec of the income tax act 1961. As per provisions of income tax act, 1961, any long term capital gains arising from transfer of any capital asset would be exempt from tax under section 54ec of the act if. Capital gain not to be charged on investment in certain bonds.
What is the meaning of capital gain on transfer of certain listed securities or unit not to be charged in certain cases. What is the meaning of capital gain not to be charged on investment in certain bonds. Section 50c can be applied after claiming exemption us. The deduction us 54ec will be available subject to the. According to section 54f of the income tax act,1961. Provisions of section 54ec are being discussed hereinbelow for the benefit of all concerneds. Incometax tax collected by the central government for each financial year on the total taxable income of an assessee earned during the previous year is called incometax. Section 54f of income tax act 1961 provides for tax exemption on capital gains that result from sale of any long term asset original asset other than residential house property provided that the entire net consideration is invested in 1. What is the meaning of capital gain on transfer of capital assets not to be charged in certain cases. Section 54e of income tax act capital gain on transfer of. What are the provisions of section 54 of the incometax act.
Pay long term capital gains tax or buy sec 54ec nhairec. Nov 25, 2019 lets start with a new head under income tax capital gains. Section page contents division one 111 incometax act, 1961 page u arrangement of sections i3 u text of the incometax act, 1961 as amended by the finance act, 2011 1. So should i pay the long term capital gains tax and invest the remaining money elsewhere.
Students taking ca intermediate ca ipcc exams or students preparing for taxation will find the file very useful. Apr 17, 2015 save tax on longterm capital gains by investing in 54ec bonds such as rec capital gain bonds, nhai capital gain bonds respectively. The capital gain arises from sale of such long term asset is invested in two bonds notified by the government of india. Income tax capital gains part1 charging section and. After march 31, you will have to pay tax or can use ltcg to invest in residential property as per section 54f, adds soni. Mar 21, 2019 section 50c can be applied after claiming exemption us 54ec of the income tax act. Section 1 of the income tax act, 1961 an overall view. Budget 2018 has inter alia proposed an amendment to section 54ec of the incometax act. Income tax specified bond for section 54ec of income tax act 1961 the benefit under section 54ec can be availed only if there is an income from a capital asset, being longterm in nature. Income tax capital gains part 6 by ca vivek goel vg.
In case of specified profession if gross receipts are less than 150000. Section 50c can be applied after claiming exemption us 54ec of the income tax act. This section currently provides for an exemption of. Download the list of sections of income tax act,1961 in pdf and excel format. In case of specified profession 2 if gross receipts exceed rs. Apportionment of income between spouses governed by portuguese civil code.
Latest income tax act sections list has been provided for finance people. Section 54gb, incometax act, 1961 2015 24capital gain on transfer of residential property not to be charged in certain cases 54gb. Pay long term capital gains tax or buy sec 54ec nhairec bonds. Circumstances under which deduction us 54ec is available. An act to consolidate and amend the law relating to incometax and supertax. Section 54ec of income tax act 1961 2017 provides for capital gain not to be charged on investment in certain bonds. Provisions of section 54 of income tax act, 1961 section 54 of incometax act, 1961 provides for tax exemption on long term capital gains that result from sale of residential house property, provided that the residential house was sold after 3 ye. Save tax on longterm capital gains by investing in 54ec bonds such as rec capital gain bonds, nhai capital gain bonds respectively. Income tax act 1961 section 129 change of incumbent of an. Ltcg exemption under section 54ec of income tax act, 1961. Complete list of sections of income tax act, 19612019 aubsp. As per the section 54ec of the income tax act, such capital gains are to be invested in these bonds within six months from the date of transfer, irrespective of whether those six months expire in the next financial year or not. Incometax act, 1961 2018 section 54ec capital gain not to be charged on investment in certain bonds. The eligible bonds under section 54ec are rec rural electrification corporation ltd, pfc power finance corporation ltd.
Jun 20, 2018 ltcg arising from the transfer of land or building or both if invested in capital gain bonds specified under section 54ec of the income tax act, 1961 are exempted from tax. In this article we will discuss about tax exemptions available under section 54 in detail. Section 54h of income tax act extension of time for acquiring new asset or depositing or investing amount of capital gain section 54h. This section allows taxpayers to save on tax on any capital gains or profits that they might accrue following the transfer of one or more longterm or original capital assets. Chapter iv sections 1459 of income tax act, 1961 deals with provisions related to computation of total income. Section 49 of income tax act 1961 cost with reference to certain modes of acquisition is defined under section 49 of income tax act 1961. Section 54ec deduction of income tax act indiafilings.
Mar 18, 20 ltcg exemption under section 54ec of income tax act, 1961. Capital gains were charged to tax for the first time by the income tax and excess profits tax amendment act, 1947, which inserted, inter alia, section 12 b in the 1922 act. Section115ac tax on income from bonds or global depository receipts purchased in. If the sale consideration amount received from transferring selling the land or building is less than the stamp duty value or guideline value as mentioned b.
Income tax act, 1961 it act governing provision as per provision of section 562 of it act which states in particular, and without prejudice to the generality of the provisions of subsection 1, the following incomes, shall be chargeable. In this video, we will discuss the charging section and the meaning of transfer. As per the section 54ec of the income tax act, such capital gains are to be invested in these bonds within six months from the date of transfer. What is section 562 7b in the income tax act of 1961. Mar 25, 2018 provisions of section 54 of income tax act, 1961 section 54 of income tax act, 1961 provides for tax exemption on long term capital gains that result from sale of residential house property, provided that the residential house was sold after 3 ye. Specified bond for section 54ec of income tax act 1961. Or rather, should i save the tax under section 54ec of the income tax act, 1961, by buying the capitalgains tax exemption bonds. May 30, 2019 download the list of sections of income tax act,1961 in pdf and excel format.
This includes levy, collection, administration and recovery of income tax. The excellent download file is in the format of pdf. Tax deduction is available under section 54ec of the income tax act. What is cost with reference to certain modes of acquisition. After section 54eb of the income tax act, the following section shall be inserted with effect from the 1st day of april, 2001, namely. To avoid the above situation, the income tax act specifies an alternative in the form of deposit under the capital gains account scheme. Income tax act 1961 complete act citation 530 bare. Know all about 54ec bonds to save long capital gains tax. The benefit under section 54ec can be availed only if there is an income from a capital asset, being longterm in nature. All air prevention and control of pollution act, 1981 apprentices act, 1961 arbitration and conciliation act, 1996 banking cash transaction tax black money undisclosed foreign income and assets and imposition of tax act, 2015 central boards of revenue act, 1963 charitable and religious trusts act, 1920 charitable endowments act, 1890. Or rather, should i save the tax under section 54ec of the income tax act, 1961, by buying the capitalgainstaxexemption bonds. Text of remaining provisions of allied acts referred to in incometax act 1. This video shall be useful to the students of ca, cs. What are the provisions of section 54 of the incometax.