LTCG Tax Liability even after 100% LTCG set off with BF LTCL

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Dear Experts,

I have sold my property in FY 2025-26 which was purchased in FY 2022-23. I have a BF Long Term Capital Loss of Rs. 5 lakh appx. on immovable property. I have a LTCG of Rs. 3.86 lakh in FY 2025-26 on the property sold after indexation, improvement cost & transfer expenses. When I feed details in an online ITR for FY 2025-26, system forcefully consider New Tax Regime & calculate Tax @ 12.5% even though property purchase before 23.07.2024. As per this, I have to pay tax. I have calculated as per Old Tax Regime and as per OTR, I need not to pay any tax on LTGC because of BF LTGL of Rs. 5L settled against LTCG of the FY 2025-26 and I can CF balance loss also (5L - 3.86L = 1.14L).

How can I resolve this issue? Please guide me.  

Replies (2)
Quick Summary
A taxpayer with LTCG from property sale and brought-forward LTCL faces tax liability due to default New Tax Regime selection in ITR. The issue involves choosing the appropriate regime and correctly claiming LTCL set-off to reduce taxable capital gains.

To resolve the issue, the taxpayer needs to explicitly opt out of the New Tax Regime (by selecting "Yes" in Personal Information for ITR-2 or filing Form 10-IEA first for ITR-3) to claim the 20% indexation benefit. Furthermore, to fix the tax calculation, they must fill Schedule CG, update Schedule CFL/BFLA, and click Compute to successfully set off the ₹3.86 Lakh gain against the ₹5 Lakh brought forward loss, reducing the net tax liability on this gain to zero.

Thank you Sir for the reply but to opt out from NTR may lead more tax burden under OTR. Govt. shold provide an option to taxpayer to choose regime for Capital Gain. This way assessee has to mandatorily pay tax even he is not liable for the tax. This is against to the natural justice. 

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