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INSIDE THE BUDGET-SEC 54EC
RJSP & ASSOCIATES
CHARTERED ACCOUNTANTS
FCA Ruchika Jain
ruchika@rjspassociates.com
+91 - 98 11 55 3406
C-123, II Floor, Preet Vihar, Delhi – 110092
+ 91 - 49 40 6882
1 | P a g e
INSIDE THE BUDGET – SEC 54EC RJSP & Associates
SECTION 54EC – PRE-BUDGET 2018
▪ The erstwhile section 54EC provides for exemption of capital gains arising from
▪ transfer of any long term capital asset,
▪ to the extent of the amount of long term capital gains
▪ upto a maximum limit of INR 50 lakhs,
▪ for the amount invested by the assessee
▪ in the “long-term specified asset” being the specified bonds of National Highways Authority of India (NHAI) & Rural
Electrification Corporation Limited (RECL) or any other bond notified by Central Government in this behalf
▪ the investment has to be made within a period of 6 months after the date of transfer
▪ lock-in period of the specified bonds is 3 years
AMENDMENT IN SECTION 54EC BY FINANCE BILL, 2018
1. After the words “long-term capital asset”, the words “, being land or building or both,” shall be inserted
2. The definition of term “long-term specified asset” for making any investment under this section has been amended to mean
as under:
(i) on or after the 1st day of April, 2007 but before the 1st day of April, 2018, means any bond, redeemable after three years
and issued on or after the 1st day of April, 2007 but before the 1st day of April, 2018;
(ii) on or after the 1st day of April, 2018, means any bond, redeemable after five years and issued on or after the 1st day of
April, 2018,
by NHAI, RECL or any other bond notified by Central Government
FCA Ruchika Jain
2 | P a g e
INSIDE THE BUDGET – SEC 54EC RJSP & Associates
AMENDMENT IMPACT & ANALYSIS
1. Exemption for long term capital gains shall be allowed only in respect of transfer of land or building or both. Thus,
exemption u/s 54EC shall be no longer available for any other capital asset like shares, mutual funds, gold etc. from A.Y.
2019-2020, i.e., the current A.Y. 2018-19 is the last year for claiming exemption for such other long term capital assets.
2. The lock in period of bonds issued on or after 1.04.2018 has been sought to be amended to 5 years instead of 3 years.
Illustration
▪ Date of transfer of long term capital asset (say Gold) : 01.01.2018
▪ Relevant Assessment year in this case : A.Y. 2018-19
▪ In such case, the specified bonds can be purchased upto 6 months, i.e., 01.07.2018
▪ What shall be the lock-in period in case bond is purchased on:
(1) 15.02.2018 or (2) 1.04.2018?
Situation Date of purchase of bonds Lock-in-period
1 15.02.2018 3 years
2 01.04.2018 3 years or 5 years??
✓ The controversy may arise as to whether the lock-in-period in such case shall be 3 years or 5 years.
✓ The Finance Bill, 2018 provides that “long-term specified asset” for making any investment under this section on or
after the 1st day of April, 2018, means any bond, redeemable after five years and issued on or after the 1st day of April,
2018.
✓ Further, the amendment proposed to Finance Bill, 2018 in section 54EC as clarified in Notes to Clauses and
Memorandum to Finance Bill, shall apply w.e.f. 1st
April, 2019, i.e., A.Y. 2019-20 & subsequent years.
✓ Therefore, in such cases, for the transfer of capital asset made during the F.Y. 2017-18 relevant to A.Y. 2018-19, it is
advisable that the investment in bonds should be made before 1.04.2018 else the lock-in-period may be treated as 5
years instead of 3 years.
FCA Ruchika Jain
Disclaimer:
This document has been prepared by us in the summary form, based on information available on public domain. This document indicates the opinion of the author
and is not a substitute for reader’s independent judgement and opinion.

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Inside the Union Budget, 2018 - Analysis of amendment in Sec 54EC

  • 1. INSIDE THE BUDGET-SEC 54EC RJSP & ASSOCIATES CHARTERED ACCOUNTANTS FCA Ruchika Jain ruchika@rjspassociates.com +91 - 98 11 55 3406 C-123, II Floor, Preet Vihar, Delhi – 110092 + 91 - 49 40 6882
  • 2. 1 | P a g e INSIDE THE BUDGET – SEC 54EC RJSP & Associates SECTION 54EC – PRE-BUDGET 2018 ▪ The erstwhile section 54EC provides for exemption of capital gains arising from ▪ transfer of any long term capital asset, ▪ to the extent of the amount of long term capital gains ▪ upto a maximum limit of INR 50 lakhs, ▪ for the amount invested by the assessee ▪ in the “long-term specified asset” being the specified bonds of National Highways Authority of India (NHAI) & Rural Electrification Corporation Limited (RECL) or any other bond notified by Central Government in this behalf ▪ the investment has to be made within a period of 6 months after the date of transfer ▪ lock-in period of the specified bonds is 3 years AMENDMENT IN SECTION 54EC BY FINANCE BILL, 2018 1. After the words “long-term capital asset”, the words “, being land or building or both,” shall be inserted 2. The definition of term “long-term specified asset” for making any investment under this section has been amended to mean as under: (i) on or after the 1st day of April, 2007 but before the 1st day of April, 2018, means any bond, redeemable after three years and issued on or after the 1st day of April, 2007 but before the 1st day of April, 2018; (ii) on or after the 1st day of April, 2018, means any bond, redeemable after five years and issued on or after the 1st day of April, 2018, by NHAI, RECL or any other bond notified by Central Government FCA Ruchika Jain
  • 3. 2 | P a g e INSIDE THE BUDGET – SEC 54EC RJSP & Associates AMENDMENT IMPACT & ANALYSIS 1. Exemption for long term capital gains shall be allowed only in respect of transfer of land or building or both. Thus, exemption u/s 54EC shall be no longer available for any other capital asset like shares, mutual funds, gold etc. from A.Y. 2019-2020, i.e., the current A.Y. 2018-19 is the last year for claiming exemption for such other long term capital assets. 2. The lock in period of bonds issued on or after 1.04.2018 has been sought to be amended to 5 years instead of 3 years. Illustration ▪ Date of transfer of long term capital asset (say Gold) : 01.01.2018 ▪ Relevant Assessment year in this case : A.Y. 2018-19 ▪ In such case, the specified bonds can be purchased upto 6 months, i.e., 01.07.2018 ▪ What shall be the lock-in period in case bond is purchased on: (1) 15.02.2018 or (2) 1.04.2018? Situation Date of purchase of bonds Lock-in-period 1 15.02.2018 3 years 2 01.04.2018 3 years or 5 years?? ✓ The controversy may arise as to whether the lock-in-period in such case shall be 3 years or 5 years. ✓ The Finance Bill, 2018 provides that “long-term specified asset” for making any investment under this section on or after the 1st day of April, 2018, means any bond, redeemable after five years and issued on or after the 1st day of April, 2018. ✓ Further, the amendment proposed to Finance Bill, 2018 in section 54EC as clarified in Notes to Clauses and Memorandum to Finance Bill, shall apply w.e.f. 1st April, 2019, i.e., A.Y. 2019-20 & subsequent years. ✓ Therefore, in such cases, for the transfer of capital asset made during the F.Y. 2017-18 relevant to A.Y. 2018-19, it is advisable that the investment in bonds should be made before 1.04.2018 else the lock-in-period may be treated as 5 years instead of 3 years. FCA Ruchika Jain Disclaimer: This document has been prepared by us in the summary form, based on information available on public domain. This document indicates the opinion of the author and is not a substitute for reader’s independent judgement and opinion.