§ 85
Chapter IV — Computation Of Total Income
Capital gains not to be charged on investment in certain bonds
Income-tax Act, 2025
Business owners can claim exemption from capital gains tax if they invest in specific long-term bonds within six months of transferring land or a building. The exemption applies if the investment is at least equal to the capital gains.
- Investment limit: 50 lakh rupees per tax year or in the year of transfer and the next year.
📜 Official text of the section +
85. (1) Where an assessee has—
( a) long-term capital gains arising from the transfer of land or building, or
both, (original asset); and
( b) within six months after the date of such transfer, invested whole or part
of the capital gains in a long-term specified asset (new asset),
then, the capital gains shall be dealt with as follows:—
( i) if the capital gains exceed the investment in the new asset, the amount of
capital gains as exceeds such investment shall be charged under section
67; or
( ii) if the capital gains are equal to or less than the investment in the new
asset, the whole of such capital gains shall not be charged under section
67.
(2) For the purposes of sub-section (1), investment made in the long-term specified
asset from capital gain arising from transfer of one or more original asset shall not
exceed fifty lakh rupees,—
( a) during any tax year; or
( b) in the year of transfer of the original asset or assets and in the subsequent
tax year.
(3) If the new asset is transferred or converted (otherwise than by transfer) into
money within five years of its acquisition, the capital gains not charged under section
67 as per sub-section (1), shall be deemed to be income chargeable as long-term
capital gains in the tax year of its transfer or conversion.
(4) Any loan or advance taken on the security of the new asset shall be deemed to
have converted the new asset into money on the date of such loan or advance.
(5) Where the investment in the new asset has been taken into account for sub-sec-
tion (1), no deduction under section 123 for any tax year shall be allowed for such
investment.
(6) For the purposes of sub-section (1), “long-term specified asset” means any bond,
redeemable after five years and issued on after the 1st April 2018, by the National
Highways Authority of India constituted under section 3 of the National Highways
Authority of India Act, 1988 (68 of 1988) or by the Rural Electrification Corpora -
tion Limited, a company formed and registered under the Companies Act, 2013 (18
of 2013) or any other bond as may be notified by the Central Government for the
purposes of this section.
Capital gains on transfer of certain capital assets not to be charged in case of
investment in residential house.
Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.