CGAS withdrawl and taxation rate under section 54F

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Hello - Need help with respect to Section 54F :

Sold unlisted shares on Dec 1st, 2023 and deposited the money in CGAS account by July 31st, 2024 to utilise it under section 54F to buy some property. But now i don’t think i’ll be able to utilise it by Dec 1st, 2025. And neither I’m going to do any construction of house, so that is also ruled out. In between, govt has revised the LTCG taxation rate from 20% to 12.5%. Now questions are :

  • which rate of LTCG taxation will be applicable to me - the rate of FY 2023-24 or the rate of FY 2025-26 ?
  • which year surcharge and cess rates will be applicable?
  • And how much time typically AO takes to give approval to withdraw from CGAS account?

Thanks!!

Replies (6)
  1. As per the date of filing application
  2.  Recent
  3. Generally 15 to 30 days.

Thank you sir for your quick response. Just to be on the same page - rate of taxation on CGAS expiry will be applicable prevailing in FY 25-26 - which is 12.5%. Is this the correct interpretation? Thanks 

Yes, correct.          

Thanks a lot, Sir. 

You are welcome.                       

Addition to above reply, indexation benefit would not be allowed in the calculation of LTCG..

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