Zero income tax on Capital Gain on sale of house property

We signed agreement to sale our flat in Delhi on 31st March 2025 and started house hunting in Bhopal online immediately on sites like 99acres, magicbricks. We contacted no of owners on whatsapp. We visited Bhopal between 05 April to 15 April 2025 and booked a ready for possession flat on 15 April 2025. I liquidated my wife's SCSS and Fixed Deposits with Shriram Finance and managed to pay full amount for the flat to the builder on 19 April 2025. I also paid for Registration charges, Stamp Duty, Advocate's fess to the Advocate looking after registration. On 21st April 2025 the flat was registered in my name.

Before deciding to sale Delhi flat I had obtained Valuation Report of my flat from Govt approved Valuer in Feb 2024. The Conveyance Deed was done in DDA office in Dec 2024.

Bhopal flat was bare bought from Builder and we had to do Modular Kitchen, Wardrobes and Builder had to fix Sanitary fittings and do final coat of painting. The flat was ready on 13 June 2025. Then we fixed Ceiling Fans, Tube Lights, RO, AC, Chimney over Kitchen slab, PNG connection to new Gas Stove by 17 June 2025.

The registry of Delhi flat was done on 27 June 2025 and we moved to Bhopal on 28 June 2025 in our new flat.

Now regarding the Capital Gain due to the sale and its neutralization to zero.

The Valuation Report declared the value of the flat as on 1st April 2001.

Then the indexation cost was calculated on date of sale

The Capital Gain was Sale Price - Brokerage - Indexed Cost

 Following are deductions

Under Section 54 the Cost of new flat including Registration, Stamp Duty and advocate fees.

Under Section 54EC REC Bonds purchased by me on 05 July 2025

Deductions being more than the Capital Gain the income tax is ZERO.

However while filing the income tax return some confusion is created because the tax filing software does not allow any indexed cost or investments under Sec 54 and 54EC and calculates the tax payable. But it ignores the calculated tax under 

second proviso to section 112(1)(a) where acquisition is before 23rd July 2024.

 One more thing is mandatory that I have to file the income tax return under old regime which I am doing anyway.

 There was another option i,e. not invest in new property and Bonds and pay reduced tax on Capital Gain (12.5%) by filing the return under new regime.

But I wanted to live in my own house in Bhopal and filing for Zero Tax under old regime. 

 

 

Replies (4)
Quick Summary
This discussion details how an individual successfully achieved zero income tax on the capital gain from selling a Delhi property. By purchasing a new flat in Bhopal and investing in REC bonds within the stipulated timeframes, they claimed deductions under Section 54 and Section 54EC. Despite initial confusion with tax filing software, the strategy was legally sound, especially for property acquired before July 23, 2024, allowing for zero tax liability under the old regime.

Your calculation utilizing indexation (based on the 2001 valuation report) and claiming exemptions under Sections 54 and 54EC is legally sound under the second proviso to Section 112(1)(a) for properties acquired before July 23, 2024. The tax filing software is likely miscalculating or ignoring your inputs due to utility bugs handling the complex "dual computation" rule. To resolve this, use the offline Java/Excel utility, ensure all proviso checkboxes in Schedule CG are correctly selected, or have a tax professional validate your JSON file before final submission.

Dear

This is already submitted, validated and e erified. I submit my returns for so many years now. My age is 73 yrs.

By the way I used modern CA, Claude ai. I had 6 wint wealth Bond interest, 4 NCDs acquired many years ago where there was tds. I uploaded 26AS,  AIS ( after removing passwod ) Annual statement from Wint Wealth on Claude. Claude checked and summarised nicely and discovered duplicate entry in AIS. I submit the return online and Claude guided me screen by screen, this included capital gain schedule from sale of Delhi property. It also advised me to submit feedback for duplicate entry in AIS.

Your approach combining Section 54 and Section 54EC is legally valid. The challenge is that many online ITR utilities have known glitches with indexed cost and dual exemptions in the same year.

Two options that work:

Option 1: Use the offline utility (Java or Excel version) available at incometax.gov.in. The online portal version has known issues with complex capital gains schedules. Download the latest version, fill Schedule CG manually, and enter exemptions in the respective rows for Section 54 (new residential property) and Section 54EC (specified bonds).

Option 2: Calculate the exemption manually, compute the net taxable capital gain, and enter only the final taxable amount. Keep a separate worksheet showing the full computation for your records.

One condition to watch: Section 54EC has an annual cap of Rs 50 lakh across ALL specified bonds (REC, NHAI) in a financial year. The investment must be made within 6 months of the date of transfer.

For indexed cost: use the Cost Inflation Index (CII) for the year of purchase divided by the CII for the year of sale, multiplied by original purchase price. The CII table for AY 2026-27 is available at incometax.gov.in.

This [capital gains tax ready reckoner for AY 2026-27](https://taxgarden.in/blog/capital-gains-tax-rates-asset-class-ready-reckoner-india-ay-2026-27) has the CII table and both exemption conditions in one place.

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