Income tax & ITR filing Pune Answered

Selling a flat bought in 2012 for ₹38 lakh at ₹1.1 crore. How much capital gains tax, and how can I save it?

Asked by A business owner in Pune 2 Aug 2026 1 answer 2 min read

The question

I bought a 2 BHK in Pune in August 2012 for ₹38 lakh including stamp duty and registration. I have an offer of ₹1.1 crore now. What will the tax be and what are the legal ways to reduce it? I am a resident and in the 30% bracket.
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1 answer

ERPCA
ERPCA Expert Desk Verified answer

Practising chartered accountants at ERPCA · 2 Aug 2026

In short

This is a long-term gain (held more than 24 months) and, because you bought before 23 July 2024, you get to choose the lower of two computations.

Option A, 12.5% without indexation: gain of ₹72 lakh, tax about ₹9 lakh plus surcharge and cess.

Option B, 20% with indexation, available only to resident individuals and HUFs for property acquired before 23 July 2024: the cost is inflated by the cost inflation index (200 for 2012-13 against the index of the year of sale; using 376, the FY 2025-26 figure, as an illustration, the indexed cost is about ₹71.4 lakh). Gain of roughly ₹38.6 lakh, tax about ₹7.7 lakh plus cess. For a 2012 purchase indexation usually wins, as it does here.

Ways to reduce it: section 54 exempts the gain if you buy one residential house in India within two years (or one year before the sale) or construct within three years, capped at ₹10 crore of gain. Section 54EC exempts up to ₹50 lakh invested in REC, PFC or IRFC bonds within six months of the sale (five-year lock-in, about 5.25% interest). If the new house is not bought before the return due date, park the unused gain in a Capital Gains Account Scheme deposit at a nationalised bank by 31 July 2027 or the exemption is lost.

Two practical points: the buyer must deduct 1% TDS under section 194-IA on the full ₹1.1 crore and give you Form 16B; and the stamp-duty value, not the agreed price, is taken as consideration if it is more than 10% higher.

Next step

Get the registered agreement, stamp duty receipts and any renovation bills together (capital improvements add to cost), and decide on section 54 versus the bonds before the six-month window closes.

General guidance on the facts given, not an engagement. Law as on the date of the answer.

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