The law
Income-tax Act 1961, Sec 54F(1) (now Sec 86)
Individual or HUF; long-term asset other than a residential house; buy one house in India 1 year before or 2 years after, or build within 3 years; if full net consideration is invested, entire gain exempt; otherwise exemption = gain x amount invested / net considerationSource
Income-tax Act 1961, Sec 54F(1) (now Sec 86) proviso (house count)
No exemption if on the date of transfer the assessee owns more than one residential house other than the new one, or buys another within 2 years or builds another within 3 years (where its income is under 'house property')Source
Income-tax Act 1961, Sec 54F (now Sec 86; ₹10 crore cap, from AY 2024-25)
Investment above ₹10 crore is ignored in the formulaSource
Income-tax Act 1961, Sec 54F(3) (now Sec 86) and the second-house rule
Exempted gain becomes taxable as long-term gain if the new house is sold within 3 years, or if a second house is bought or built within the windowsSource
Income-tax Act 1961, Sec 54F(4) (now Sec 86)
Net consideration not used before the return is filed must be deposited under the Capital Gains Accounts Scheme before filing, with proofSource
Income-tax Act 2025, Sec 86
From tax year 2026-27: same relief, same house-count bar, ₹10 crore cap and 3-year clawback; deposit before the return under Sec 263Source
Income-tax Act 1961 to 2025 mapping
Old Sec 54F corresponds to new Sec 86Source
Income-tax Act 2025, Sec 536 (transition)
Practitioner reading: if a house claimed under old Sec 54F is sold in FY 2026-27, the withdrawn exemption is taxed under the 2025 Act in that yearSource
Government fee
No government fee. Tax on the non-exempt part of the gain at the rate for that asset (12.5% long term for most assets from 23 July 2024; Sec 198 (old Sec 112A) rate for listed equity). Source: https://incometaxindia.gov.in/Tutorials/15-%20LTCG.pdf
Late fee or penalty
Exemption on any unused amount is at risk if CGAS deposit is missed before the due date. Source: https://bcajonline.org/journal/capital-gains-account-scheme-due-date-for-deposit/ . Late return fee under Sec 428 (old Sec 234F). Source: https://www.incometaxindia.gov.in/w/section-234f