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Capital gain tax on property sell

TDS 701 views 10 replies

I purchased one flat on November 2025 and now going to sell my old Flat. Do I get any kind of relief for this sell amonunt or I have to pay capital gain tax on the sell amount of my old flat.  The flat I am going to sell is 22 years old.

Kindly.provide your opinions.

Thanks

T K Ghosh 

Kolkata

 

Replies (10)
Quick Summary
Query on capital gain tax for selling an old flat (22 years old) after purchasing a new flat. Experts explain exemption under Section 54 is available if conditions and time limits are met (purchase/sale window). Otherwise, long-term capital gain tax applies at 12.5% without indexation or 20% with indexation.

Yes, you can claim exemption u/s. 54 IT act, 1961.

Thanks is there any time stipulation , please specify as I bought the flat.earlier my sell.

Once again many thanks for the information.

 

T k Ghosh 

As per the section 54, you can purchase new flat within one year from the sell of original flat.

Sorry sir in my case I have already purchase the new flat before selling of old flat. In my case how Section 54 will help me please giide me.

Thanks for your time.

T k Ghosh 

Yes, exemption u/s. 54 IT acrt is applicable in your case; as the time limit is specified as one year before to two years after the sell of original flat.

Is that mean that I have to sell my old flat (22 yrs old) within 1 year of purchase of new flat. I purchased new flat on November 2025 so I have to sell the old flat within November 2026 to get the benefit. If I failed then what will be  the capital gain tax rate can anyone told me. I am a retired person and my total yearly earnings is below Rs 12.00 lakh. 

Many thanks and waiting for your valuable remarks.

Thanks

T K Ghosh

Yes, purchase HP within one year, or LT CG tax liable at 12.5% without indexation or 20% with indexation.

Thanks for your quick response.

You are welcome.         

Section 54 allows you to purchase the new house up to 1 year before the date of sale of the old property, so a November 2025 purchase qualifies for a sale of the old flat any time up to November 2026. The relief is on the long-term capital gain, not the full sale price, so the new flat cost needs to be at least equal to your LTCG computed using the indexed cost of the old flat. For a flat purchased 22 years ago, the indexed cost significantly reduces the taxable gain compared to the original cost. For the ITR-2 filing and to ensure the Section 54 claim is properly documented with the correct Schedule CG, [Tax Garden's capital gains filing service](https://taxgarden.in/pricing) handles the full computation and annexure.


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