CGAS for NRIs -- Capital Gains Account Scheme Step-by-Step Guide (2026)
A comprehensive guide for Non-Resident Indians on using the Capital Gains Account Scheme to claim Section 54/54F exemptions when selling property in India
Author: CA Mayank Wadhera (CA | CS | CMA | IBBI Registered Valuer) Firm: MKW Advisors | Legal Suvidha | DigiComply Published: March 2026 | Applicable for: FY 2025-26 (AY 2026-27) Reading Time: 15 minutes
The NRI Property Seller's Dilemma: "I Sold My House, but I Cannot Buy a New One Before Filing My Return"
You are an NRI living in the United States, the United Kingdom, the Middle East, or anywhere else abroad. You have just sold your inherited property in India for Rs. 1.2 crore. The long-term capital gain is Rs. 45 lakh. You know that under Section 54 of the Income Tax Act, you can claim an exemption by reinvesting in a new residential house. But there is a problem.
The due date for filing your Income Tax Return is July 31, 2026. You have not yet identified a new property. Construction will take two more years. You cannot afford to pay capital gains tax of Rs. 9 lakh or more right now, only to claim a refund later.
This is precisely the scenario the Capital Gains Account Scheme (CGAS), 1988 was designed to solve. And for NRIs, it is one of the most underutilized yet powerful tax-saving tools available.
In this guide, we break down everything an NRI needs to know about CGAS -- from eligibility and the account opening process to withdrawals, taxation of interest, common mistakes, and a full comparison with 54EC bonds. This guide is current for FY 2025-26.
What Is the Capital Gains Account Scheme (CGAS)?
The Capital Gains Account Scheme, 1988 is a government-notified deposit scheme administered by designated public sector banks in India. It was introduced under Section 54(2), Section 54B(2), Section 54D(2), Section 54F(2), and Section 54G(2) of the Income Tax Act, 1961.
The core purpose: Allow taxpayers who have earned long-term capital gains from selling a capital asset (typically a house property) to park the unutilized capital gains amount in a designated bank account, and still claim the exemption under Section 54 or Section 54F in the year of sale -- even though the new house has not yet been purchased or constructed.
The Legal Foundation
Section 54(2) of the Income Tax Act states:
The amount of the net consideration which is not appropriated by the assessee towards the purchase of the new asset before the date of furnishing the return of income under Section 139, shall be deposited by him before such date in an account in any such bank or institution as may be specified in, and utilized in accordance with, any scheme which the Central Government may, by notification in the Official Gazette, frame in this behalf.
In plain language: if you have not used the capital gains money to buy a new house before the ITR due date, deposit the amount in a CGAS account. The deposit is treated as equivalent to having invested in a new house for the purpose of claiming the exemption.
When Do NRIs Need a CGAS Account?
An NRI needs to open a CGAS account when all three of the following conditions are true:
- You have sold a capital asset in India (typically a house property or land) and earned a long-term capital gain.
- You want to claim an exemption under Section 54 (reinvestment in residential house from sale of residential house) or Section 54F (reinvestment in residential house from sale of any long-term capital asset other than a house).
- You have NOT purchased or started construction of the new residential house before the due date for filing your ITR (usually July 31 of the assessment year).
Practical Scenarios Where CGAS Is Essential for NRIs
- You sold property in January 2026 but want to buy a flat that is still under construction and will be ready by 2028.
- You are exploring multiple properties and need more time to finalize the purchase.
- You plan to construct a house on a plot you already own, but construction will take two to three years.
- You are waiting for RERA-registered project possession that is delayed.
- You sold an asset but have not yet identified the right property.
Key point for NRIs: Since you are living abroad, the practical challenges of identifying, negotiating, and completing a property purchase in India within a few months are significantly higher than for resident Indians. CGAS gives you a structured legal mechanism to buy time -- up to two years for purchase or three years for construction -- without losing your capital gains exemption.
How CGAS Works: The Complete Mechanism
Here is the step-by-step lifecycle of a CGAS deposit:
Phase 1: Sale and Computation
You sell a property in India. Your Chartered Accountant computes the long-term capital gain. The capital gain amount (or the net consideration amount, in the case of Section 54F) that you wish to claim as exempt must be deposited.
Phase 2: Deposit Before ITR Due Date
Before the due date for filing your return (July 31 for non-audit cases), you deposit the computed capital gains amount (or net consideration for Section 54F) into a CGAS account at a designated bank.
Phase 3: Claim Exemption in ITR
While filing your return, you report the CGAS deposit in Schedule CG (Capital Gains). You enter the CGAS account number, the bank name, and the amount deposited. The exemption under Section 54 or 54F is granted.
Phase 4: Utilize the Deposit
When you are ready to purchase or construct the new house, you approach the bank with proof of purchase (sale agreement, builder receipt, or construction cost receipts). The bank releases funds from the CGAS account for the purchase.
Phase 5: Complete Within Time Limit
- Purchase of new house: Within 2 years from the date of sale of the original asset (or 1 year before the sale).
- Construction of new house: Within 3 years from the date of sale of the original asset.
Phase 6: Consequences of Non-Utilization
If you do not utilize the CGAS deposit for purchase or construction within the prescribed time, the entire unutilized amount is treated as long-term capital gain in the year in which the time limit expires. It becomes taxable in that year, along with applicable interest under Section 234.
Types of CGAS Accounts
The Capital Gains Account Scheme offers two types of accounts:
Type A Account -- Capital Gains Savings Account
| Feature | Details |
|---|---|
| Nature | Savings deposit (similar to a regular savings account) |
| Interest Rate | Linked to SBI savings account rate; currently in the range of 2.70% to 3.00% per annum |
| Withdrawal | Flexible; partial withdrawals allowed with proper documentation |
| Best For | NRIs who expect to purchase a house within a few months and need liquidity |
| Minimum Deposit | Rs. 1,000 |
Type B Account -- Capital Gains Term Deposit
| Feature | Details |
|---|---|
| Nature | Fixed/term deposit (similar to an FD) |
| Interest Rate | Linked to SBI term deposit rates; ranges from approximately 6.50% to 7.25% per annum depending on tenure |
| Withdrawal | Less flexible; premature withdrawal involves a penalty and requires documentation |
| Best For | NRIs who know they will need the funds only after one to three years and want higher returns |
| Minimum Deposit | Rs. 1,000 |
| Tenure Options | 1 year, 2 years, or 3 years (aligned with the statutory time limit) |
Which Type Should an NRI Choose?
Our recommendation at MKW Advisors: Most NRIs benefit from a split strategy. Deposit a portion in Type A for near-term liquidity (in case you identify a property soon) and place the bulk in Type B for higher interest earnings. You can convert from Type B to Type A, though early termination penalties may apply.
However, remember that CGAS interest rates are generally modest. The primary purpose is tax exemption, not investment returns.
Which Banks Offer CGAS Accounts?
This is a critical detail that many NRIs get wrong. CGAS accounts can only be opened at designated nationalized (public sector) banks. Private banks such as HDFC Bank, ICICI Bank, Axis Bank, Kotak Mahindra Bank, and others are NOT authorized to offer CGAS accounts.
Designated Banks for CGAS (as of FY 2025-26)
| Bank | CGAS Available | Notes |
|---|---|---|
| State Bank of India (SBI) | Yes | Most widely used; branches across India |
| Punjab National Bank (PNB) | Yes | Available at select branches |
| Bank of Baroda | Yes | Available at designated branches |
| Canara Bank | Yes | Available at select branches |
| Union Bank of India | Yes | Post-merger, available at select locations |
| Bank of India | Yes | Available at select branches |
| Central Bank of India | Yes | Available at designated branches |
| Indian Overseas Bank | Yes | Available at select branches |
| UCO Bank | Yes | Limited branch availability |
| Indian Bank | Yes | Available at select branches |
| Bank of Maharashtra | Yes | Available at select branches |
| Punjab & Sind Bank | Yes | Limited availability |
Important: Not every branch of the above banks handles CGAS. You or your representative must confirm with the specific branch that they process CGAS account openings. SBI and PNB tend to have the most streamlined processes.
Why Private Banks Cannot Offer CGAS
The Capital Gains Account Scheme, 1988 was notified specifically for government/nationalized banks. Despite the liberalization of banking services over the decades, this notification has never been extended to private sector banks. This remains one of the administrative limitations NRIs must navigate.
NRI-Specific Challenges with CGAS
Opening and managing a CGAS account presents unique challenges for Non-Resident Indians:
Challenge 1: Physical Presence Requirement
Banks typically require the account holder to visit the branch in person. For NRIs who cannot travel to India, this is a significant hurdle.
Solution: A Power of Attorney (POA) holder can open the CGAS account on the NRI's behalf. The POA must be:
- Notarized or apostilled in the country of residence
- Specifically authorize the POA holder to open and operate a CGAS account
- Registered in India (recommended for additional legal validity)
Challenge 2: Linked to NRO Account
CGAS deposits for NRIs must be sourced from an NRO (Non-Resident Ordinary) account, since the property sale proceeds in India are credited to the NRO account. The CGAS account itself operates as a rupee-denominated domestic deposit.
Practical tip: Ensure your NRO account has sufficient cleared funds before the ITR due date. If the property buyer's TDS amount has been deducted, the net proceeds in your NRO account will be lower. Plan accordingly -- the CGAS deposit amount should equal the capital gains amount you wish to claim as exempt, not the TDS-reduced amount.
Challenge 3: Documentation Across Borders
NRIs must submit Indian documents (PAN, property sale deed, capital gains computation) alongside overseas identification (passport, overseas address proof). Coordinating these documents while living abroad requires advance planning.
Challenge 4: Withdrawal Logistics
When you are ready to buy a new property, you must submit the purchase agreement and a withdrawal application to the bank branch. Again, a POA holder can assist, but the bank may have additional verification requirements for NRI-held CGAS accounts.
Step-by-Step Guide: How an NRI Opens a CGAS Account
Follow these six steps carefully. Missing any step or deadline can result in loss of the capital gains exemption.
Step 1: Obtain the Property Sale Deed and Capital Gains Computation
Before approaching any bank, you need:
- Registered sale deed of the property you sold
- Capital gains computation prepared by your Chartered Accountant, clearly showing:
- Sale consideration
- Cost of acquisition (with indexation, using the Cost Inflation Index for FY 2025-26)
- Long-term capital gain amount
- The amount eligible for exemption under Section 54 or 54F
- PAN card (mandatory for CGAS)
- Passport (for NRI identification)
Timeline tip: Get the capital gains computation done immediately after the property sale is registered. Do not wait until June or July.
Step 2: Visit a Designated Bank Branch (or Send Your POA Holder)
If you are in India, visit the nearest designated branch of SBI, PNB, or another authorized bank. If you are abroad, your POA holder must visit the branch.
What to carry:
- PAN card (original and photocopy)
- Passport (original and photocopy)
- Sale deed (original and photocopy)
- Capital gains computation sheet signed by your CA
- NRO account passbook or statement (to source the deposit)
- Power of Attorney (if applicable, with original and photocopy)
- Two passport-sized photographs
- Address proof (Indian address linked to NRO account and overseas address)
Step 3: Fill Out the CGAS Application Form
The bank will provide a specific CGAS application form. Key details to fill:
- Type of account: Type A (Savings) or Type B (Term Deposit) or both
- Amount to be deposited
- Assessment year for which the exemption is being claimed (AY 2026-27 for sales in FY 2025-26)
- Section under which exemption is claimed (Section 54 or 54F)
- Details of the asset sold (address, date of sale, sale consideration)
- Details of the new asset to be acquired (if known)
Step 4: Deposit the Amount Before the ITR Due Date
The deposit must be made on or before the due date for filing your ITR under Section 139(1). For FY 2025-26:
- Non-audit cases: July 31, 2026
- Audit cases (if applicable): October 31, 2026
Critical warning: If you deposit even one day after the due date, the exemption under Section 54 or 54F will be denied. The entire capital gains amount will become taxable. There is no cure for missing this deadline.
Deposit method: The amount is typically transferred from your NRO account to the CGAS account via a demand draft, banker's cheque, or direct transfer within the same bank. If your NRO account is with SBI and you open CGAS at SBI, the process is smoother.
Step 5: Obtain the CGAS Certificate
After the deposit is processed, the bank issues a CGAS deposit certificate. This certificate contains:
- CGAS account number
- Account holder's name and PAN
- Type of account (A or B)
- Amount deposited
- Date of deposit
- Name and branch of the bank
Keep this certificate safely. You will need the account number and other details when filing your ITR and when making withdrawals.
Step 6: Report the CGAS Deposit in Your ITR (Schedule CG)
When filing your Income Tax Return for FY 2025-26 (AY 2026-27), navigate to Schedule CG -- Capital Gains. In the section for exemptions under Section 54 or 54F:
- Enter the CGAS account number
- Specify the bank name and branch
- Enter the amount deposited
- The system will allow the exemption based on the deposited amount
Your CA or tax filing professional should verify that the CGAS details are correctly reflected in the ITR. An incorrectly filled Schedule CG can trigger scrutiny notices.
The Withdrawal Process: How to Use CGAS Funds
When you have identified and are ready to purchase or construct your new residential house, here is how to withdraw funds from the CGAS account:
Documents Required for Withdrawal
- CGAS withdrawal application form (available at the bank branch)
- Agreement to sell or sale deed of the new property being purchased
- Builder's demand letter or receipt (if buying from a developer)
- Construction cost estimates and receipts (if constructing)
- Copy of the original CGAS certificate
- PAN card and passport
- POA document (if the POA holder is making the withdrawal)
Withdrawal Process
- Submit the withdrawal application along with supporting documents at the bank branch where the CGAS account was opened.
- The bank verifies the documents and confirms that the withdrawal is for the purchase or construction of a residential house.
- Funds are released -- either as a demand draft in favor of the property seller/builder or transferred to your NRO account for onward payment.
- The bank updates the CGAS account balance.
- You can make multiple partial withdrawals as construction progresses or as builder installments fall due.
Important Rules for Withdrawal
- Withdrawals are permitted only for the specified purpose (purchase or construction of residential house).
- You must provide proof of utilization to the bank.
- The Assessing Officer may also request proof of utilization during assessment proceedings.
- Withdrawals for any purpose other than the specified one are treated as income and taxed accordingly.
What Happens If CGAS Funds Are Not Utilized Within the Time Limit?
This is where many NRIs face an unpleasant surprise.
The Tax Consequence
If you do not purchase or construct a new residential house within the prescribed time limit:
- For purchase: 2 years from the date of transfer (sale) of the original asset
- For construction: 3 years from the date of transfer of the original asset
Then the entire unutilized CGAS deposit (or the portion not utilized) is deemed to be long-term capital gain of the previous year in which the time limit expires.
Example: You sold a property on August 15, 2025. You deposited Rs. 40 lakh in CGAS. The two-year window for purchase expires on August 15, 2027 (FY 2027-28). If you have not purchased a house by then, Rs. 40 lakh becomes taxable as LTCG in FY 2027-28 (AY 2028-29). You will also owe interest under Sections 234A, 234B, and 234C for that year.
Partial Utilization
If you utilized Rs. 25 lakh out of Rs. 40 lakh for purchasing a house, only the remaining Rs. 15 lakh becomes taxable as LTCG in the expiry year.
The Double Impact
Not only do you lose the exemption, but you also face:
- Capital gains tax on the unutilized amount at applicable rates (20% with indexation under the old regime, or 12.5% under the new regime for sales after July 23, 2024, subject to applicable provisions)
- Interest liability under Sections 234A/B/C
- Potential scrutiny proceedings
Our advice at MKW Advisors: Set calendar reminders well in advance of the expiry date. Do not let the deadline pass without action.
Taxation of CGAS Interest
The interest earned on a CGAS deposit -- whether Type A or Type B -- is fully taxable as "Income from Other Sources."
Key Points on CGAS Interest Taxation
- Interest is taxable in the year it accrues (on accrual basis), not when it is withdrawn.
- For Type A accounts, interest is credited periodically and is taxable in the year of credit.
- For Type B (term deposit) accounts, interest accrues annually and must be reported each year, even if the FD has not matured.
- TDS may or may not be deducted by the bank on CGAS interest. NRIs should verify with their bank.
- The interest must be reported in the ITR under "Income from Other Sources" along with other interest income.
NRI-specific note: Since CGAS interest is Indian-source income, it is taxable in India regardless of your residential status. Depending on the DTAA (Double Taxation Avoidance Agreement) between India and your country of residence, you may be able to claim foreign tax credit in your country of residence for taxes paid in India on this interest.
Can an NRI Open a CGAS Account From Abroad? The POA Route
Yes, an NRI can open a CGAS account without being physically present in India, provided the process is handled through a Power of Attorney holder.
Practical Process for Opening CGAS Through POA
Step 1: Draft and Execute the Power of Attorney The POA should be a specific or special POA (not a general POA) that explicitly grants the following powers:
- Open a Capital Gains Account Scheme (CGAS) account on behalf of the NRI
- Operate and manage the CGAS account, including making deposits and withdrawals
- Submit necessary documents to the bank
- Sign application forms and correspondence related to the CGAS account
Step 2: Authentication of the POA
- In countries that are part of the Hague Apostille Convention (including the USA, UK, Australia, Canada, most EU nations, and the UAE as of recent accession), get the POA apostilled.
- In other countries, get it attested by the Indian Embassy or Consulate.
Step 3: Registration in India (Recommended) Although not always legally mandatory for banking purposes, registering the POA at the local Sub-Registrar's office in India adds a layer of legal validity. Many banks in India prefer or require a registered POA for opening deposit accounts.
Step 4: POA Holder Visits the Bank The POA holder visits the designated bank branch with:
- Original POA (apostilled/attested and preferably registered)
- All documents of the NRI (PAN, passport copy, sale deed, CG computation)
- POA holder's own identity proof (Aadhaar, PAN)
- NRO account details of the NRI
Step 5: Account Opening The POA holder fills out the CGAS application, deposits the required amount from the NRI's NRO account, and collects the CGAS certificate.
Timeline recommendation: Start the POA process at least 8 to 12 weeks before the ITR due date. International notarization, apostille, courier to India, and optional registration all take time. Procrastination is the biggest enemy of a successful CGAS filing for NRIs abroad.
CGAS vs. 54EC Bonds: A Detailed Comparison
NRIs often wonder whether they should use CGAS or invest in 54EC bonds (also known as capital gains bonds) to save tax on long-term capital gains. Here is a thorough comparison.
| Parameter | CGAS (Section 54/54F) | 54EC Bonds |
|---|---|---|
| Applicable Section | Section 54 (house to house) or Section 54F (other asset to house) | Section 54EC |
| Asset Sold | Residential house (Sec 54) or any long-term asset other than house (Sec 54F) | Any long-term capital asset (land, building, or both) |
| Investment Required | Deposit capital gains amount (Sec 54) or net consideration (Sec 54F) in CGAS | Invest capital gains amount in specified bonds (NHAI, REC, IRFC, PFC) |
| Maximum Limit | No upper limit on CGAS deposit | Rs. 50 lakh per financial year |
| Lock-in Period | 2 years (purchase) or 3 years (construction), then funds are utilized for house purchase | 5 years (mandatory lock-in; cannot be sold, pledged, or transferred) |
| Interest/Returns | 2.70% to 7.25% depending on account type | 5.00% to 5.25% per annum (taxable) |
| End Use | Must buy or construct a residential house | No end-use requirement; bonds mature and return principal after 5 years |
| If Not Utilized | Unutilized amount becomes taxable LTCG | Not applicable; bonds simply mature |
| NRI Access | Opened via NRO account at designated banks; POA allowed | Can be purchased by NRIs; applied online or through demat |
| Best For | NRIs who genuinely plan to buy a house in India but need more time | NRIs who want to save tax but do NOT want to buy another property |
When to Choose CGAS Over 54EC Bonds
Choose CGAS when:
- You are certain you will purchase or construct a house in India within 2 or 3 years.
- Your capital gains exceed Rs. 50 lakh (54EC bonds have a Rs. 50 lakh cap).
- You want the flexibility to access funds for property purchase rather than locking them away for 5 years.
When to Choose 54EC Bonds Over CGAS
Choose 54EC bonds when:
- You do NOT plan to buy another residential property.
- Your capital gains are Rs. 50 lakh or less.
- You want a simpler process without the obligation to purchase property.
- You prefer a fixed-income instrument with guaranteed returns and no utilization requirement.
Can You Use Both?
Yes, it is legally permissible to use a combination of both. For instance, if your LTCG is Rs. 80 lakh, you can invest Rs. 50 lakh in 54EC bonds and deposit Rs. 30 lakh in CGAS to claim exemptions under both sections (subject to the specific conditions of each section being independently met).
Common Mistakes NRIs Make with CGAS
Based on our experience at MKW Advisors advising hundreds of NRI clients, here are the most frequent errors:
Mistake 1: Opening the Account Too Late
Many NRIs start the CGAS process in the last week before the ITR due date. Banks may take several days to process the application, especially for NRI accounts with POA. Start at least 4 to 6 weeks early.
Mistake 2: Approaching a Private Bank
We regularly receive calls from NRIs who walked into an HDFC Bank or ICICI Bank branch asking for CGAS. These banks cannot offer CGAS. Only designated nationalized banks are authorized.
Mistake 3: Depositing the Wrong Amount
Under Section 54, you need to deposit the capital gains amount. Under Section 54F, you need to deposit the net consideration amount. Confusing these leads to either depositing too little (losing partial exemption) or depositing too much (unnecessarily locking up funds).
Mistake 4: Not Withdrawing on Time
The two-year or three-year clock starts from the date of sale of the original property, NOT from the date of CGAS deposit. Many NRIs miscalculate and miss the deadline by a few months.
Mistake 5: Forgetting to Report CGAS Interest in ITR
CGAS interest is taxable. Failing to report it can trigger notices under Section 143(1) or during scrutiny.
Mistake 6: Not Getting a Proper POA
A general POA may not be accepted by banks for CGAS purposes. The POA must specifically mention CGAS account operations.
Mistake 7: Ignoring the Linking of NRO Account
CGAS deposits must come from an NRO account. If the sale proceeds are stuck in escrow, or if TDS refunds are pending, the NRI may not have sufficient funds in the NRO account to make the full CGAS deposit before the deadline.
Mistake 8: Assuming CGAS Can Be Opened Online
As of FY 2025-26, CGAS account opening is largely a branch-based, physical process. There is no fully online mechanism available at most banks. Plan for an in-person visit or a POA-assisted visit.
Frequently Asked Questions (FAQs)
1. Can an NRI open a CGAS account in any bank in India?
No. CGAS accounts can only be opened at designated nationalized (public sector) banks. The most commonly used banks are SBI and PNB. Private banks such as HDFC Bank, ICICI Bank, and Axis Bank are not authorized to offer CGAS accounts.
2. What is the minimum amount that must be deposited in CGAS?
The minimum deposit is Rs. 1,000. However, to claim a meaningful Section 54 or 54F exemption, you must deposit the full amount of the capital gains (Section 54) or net consideration (Section 54F) that you wish to claim as exempt.
3. Can I deposit more than the capital gains amount in CGAS?
You can, but there is no benefit. Only the capital gains amount (under Section 54) or net consideration (under Section 54F) is relevant for the exemption. Any excess deposit does not earn additional tax benefit and simply remains locked in the account.
4. What if I miss the ITR due date for making the CGAS deposit?
If the CGAS deposit is not made on or before the due date for filing the return under Section 139(1), the exemption under Section 54 or 54F cannot be claimed. The capital gains become fully taxable. There is no extension or condonation mechanism for this deadline.
5. Can I open CGAS using funds from my NRE account?
The CGAS deposit should ideally be made from your NRO account, as property sale proceeds for NRIs are credited to the NRO account. While there is no explicit prohibition on transferring funds from NRE to NRO and then to CGAS, the standard practice and requirement is that the funds trace back to the property sale proceeds, which are inherently NRO-routed.
6. Is the interest on CGAS deposits subject to TDS?
Banks may deduct TDS on CGAS interest if the interest exceeds the threshold limits applicable under Section 194A. For NRIs, TDS is generally deducted on all interest income without threshold exemption. Verify the TDS position with your bank and claim credit in your ITR.
7. Can I transfer my CGAS account from one bank to another?
The CGAS rules do not explicitly provide for inter-bank transfer. In practice, closing one CGAS account and opening another may result in complications and potential loss of exemption. It is advisable to choose the right bank from the beginning.
8. What happens to my CGAS account if I become a Resident Indian?
Your CGAS account continues to operate normally. The residential status change does not affect the CGAS account. You can continue to use the funds for purchasing or constructing a house. The time limits remain unchanged.
9. Can I use CGAS funds to buy a house outside India?
No. The exemption under Section 54 and Section 54F requires the new residential house to be situated in India. CGAS funds cannot be used to purchase property abroad.
10. Can I claim both Section 54 and Section 54F exemptions simultaneously using CGAS?
Section 54 applies to the sale of a residential house, while Section 54F applies to the sale of a long-term capital asset other than a house. If you are selling different types of assets, you can potentially claim both, but they must relate to separate transactions and reinvestments. Consult your CA for specific advice.
11. What if I buy a house within the time limit but for a lower amount than the CGAS deposit?
The amount actually used for the purchase or construction qualifies for the exemption. The balance remaining in the CGAS account that is not utilized within the prescribed time limit becomes taxable as long-term capital gain in the expiry year.
12. Can a joint CGAS account be opened?
No. A CGAS account is opened in the name of the individual taxpayer who has earned the capital gains. Joint accounts are not permitted under the scheme.
13. Is there any penalty for premature closure of a Type B (term deposit) CGAS account?
Yes. Premature withdrawal from a Type B account before the term maturity typically attracts a penalty in the form of a reduced interest rate, similar to premature closure penalties on regular fixed deposits. The specific penalty varies by bank.
14. Can the CGAS deposit be made in installments?
Yes, multiple deposits can be made into the same CGAS account, provided all deposits are made before the ITR due date. However, each deposit must be accompanied by proper documentation.
15. What proof does the Income Tax Department accept for CGAS deposits?
The CGAS deposit certificate issued by the bank, along with the account statement, serves as sufficient proof. This must be supported by the correct reporting in Schedule CG of the ITR.
Summary Checklist for NRIs: CGAS Account in FY 2025-26
Use this checklist to ensure you do not miss any critical step:
- Obtain registered sale deed of the property sold
- Get capital gains computation prepared by your CA
- Confirm the amount to be deposited (capital gains for Section 54, net consideration for Section 54F)
- Identify a designated nationalized bank branch (SBI or PNB recommended)
- Confirm CGAS facility is available at the chosen branch
- If abroad, prepare and execute a specific Power of Attorney with apostille or embassy attestation
- Courier the POA and all documents to your representative in India
- Ensure NRO account has sufficient funds for the CGAS deposit
- Visit the bank branch (or send POA holder) with all required documents
- Fill out the CGAS application form (Type A, Type B, or both)
- Make the deposit before July 31, 2026 (or October 31, 2026 for audit cases)
- Collect and safely store the CGAS certificate
- Report CGAS details in Schedule CG of your ITR for AY 2026-27
- Set reminders for the 2-year (purchase) or 3-year (construction) deadline
- Track CGAS interest and report it annually in ITR under Income from Other Sources
- When ready to buy, submit withdrawal application with purchase documentation
- After full utilization, close the CGAS account and retain all records for at least 8 years
Why NRIs Trust MKW Advisors for CGAS and Capital Gains Planning
At MKW Advisors, we have guided hundreds of NRIs through the CGAS process -- from computing capital gains and choosing the right deposit structure to coordinating with bank branches through POA holders and ensuring timely ITR filing. As a practice led by CA Mayank Wadhera (CA | CS | CMA | IBBI Registered Valuer), we bring a rare combination of depth across taxation, corporate law, valuation, and regulatory compliance.
Our associated platforms Legal Suvidha and DigiComply further ensure that NRIs receive end-to-end support -- from property sale documentation and POA execution to FEMA compliance and income tax return filing.
Do not let a missed deadline or a procedural error cost you lakhs in avoidable capital gains tax.
Get Expert Help With Your CGAS Account Today
If you are an NRI who has sold or is planning to sell property in India, speak with our team before the ITR deadline approaches.
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Disclaimer: This article is intended for informational and educational purposes only and does not constitute legal or tax advice. Tax laws are subject to change, and individual circumstances vary. Please consult a qualified Chartered Accountant or tax advisor before making any decisions based on the information provided here. The content is current as of FY 2025-26 (AY 2026-27) and reflects the law as applicable at the time of publication.
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