Can You Still Use Indexation or CII after 23rd July 2024? Yes, But Read More…

Let’s face it — inflation is a thief taking away your purchasing power while you sleep. But hey, when it comes to capital gains, you get to fight back — legally! Thanks to the Cost Inflation Index (CII), the Income Tax Department lets you pretend your old property or gold purchase was actually way more expensive than it was. Why? Because inflation made it feel that way anyway. So whether you bought a house in 1995 or some gold in 2012 thinking you were just “investing”, CII makes sure you don’t get taxed on imaginary gains. Discontinuation of benefit of Indexation or CII with effect from 23rd July 2024 led to mixed reactions from taxpayers, despite a small relief / exception by the government in its continued use. This blog details each and every aspect of Indexation or CII. Read More to Know More

Table of Contents

    Statutory Backing by which Indexation Factor or Cost Inflation Index (CII) is notified

    Cost Inflation Index (CII) is notified under explanation (v) to Section 48 of the Income Tax Act, which provides that Central Government may by notification in the Official Gazette, specify the CII for a previous year by considering 75% of average rise in the CPI(U) (Consumer Price Index (urban)) for the immediately preceding previous year to previous year for which CII is being notified.

    Purpose of Indexation or CII (Cost Inflation Index)

    The purpose if to adjust the cost of acquisition/improvement of a capital asset to reflect inflation. Rs. 1 Lac in 2001-02 would not have been same to Rs. 1 Lac in FY 2025-26 due to inflation, therefore, to make them comparable, CII works as the necessary factor for adjustment. Without adjusting for inflation, one might be taxed on illusory gains (price rise due to inflation, not actual profit), therefore, CII ensures only real gains are taxed.

    How Indexation or CII (Cost Inflation Index) is Used?

    The CII is used only in case of long term assets or transactions.

    Indexed Cost of Acquisition = Cost of Acquisition × (CII in year of sale ÷ CII in year of acquisition)

    Indexed Cost of Improvement = Cost of Improvement × (CII in year of sale ÷ CII in year of improvement

    Long-Term Capital Gain = Sale Consideration – (Indexed Cost of Acquisition + Indexed Cost of Improvement + Transfer Expenses)

    Base Year for Indexation or CII (Cost Inflation Index)

    The base year was changed from 1981-82 to 2001-02 (indexed at 100) from FY 2017-18 onwards which means that the FY 2001-02 would have a CII of 100.

    Indexation or CII (Cost Inflation Index) Table

    S. No.Financial Year (FY)Assessment Year (AY)CII
    12001–022002–03100
    22002–032003–04105
    32003–042004–05109
    42004–052005–06113
    52005–062006–07117
    62006–072007–08122
    72007–082008–09129
    82008–092009–10137
    92009–102010–11148
    102010–112011–12167
    112011–122012–13184
    122012–132013–14200
    132013–142014–15220
    142014–152015–16240
    152015–162016–17254
    162016–172017–18264
    172017–182018–19272
    182018–192019–20280
    192019–202020–21289
    202020–212021–22301
    212021–222022–23317
    222022–232023–24331
    232023–242024–25348
    242024–252025–26363
    252025–26 (latest)2026–27381 (estimated)

    Illustrations (Practical Use Cases) for Indexation

    Here are 5 practical examples of how the Cost Inflation Index (CII) is used to compute long-term capital gains (LTCG). These cover a variety of scenarios including property purchased before FY 2001–02.


    Example 1: Property Purchased Before FY 2001–02 (e.g. in 1995)

    Scenario:

    • Purchased in: 1995 (before base year 2001–02)
    • FMV as on 01.04.2001: ₹10,00,000 (as per valuation report)
    • Sold in: FY 2024–25 for ₹60,00,000
    • CII for 2001–02: 100
    • CII for 2024–25: 363

    Indexed Cost of Acquisition:
    ₹10,00,000 × (363 ÷ 100) = ₹36,30,000

    Capital Gain:
    ₹60,00,000 – ₹36,30,000 = ₹23,70,000

    Note: Assessee can substitute FMV as on 01.04.2001 and apply CII from 2001–02 onwards (as base year was reset from 1981–82 to 2001–02).


    Example 2: Flat Purchased in FY 2005–06

    • Purchase price: ₹15,00,000
    • CII of 2005–06: 117
    • Sold in FY 2024–25 for ₹70,00,000
    • CII for 2024–25: 363

    Indexed Cost:
    ₹15,00,000 × (363 ÷ 117) = ₹46,53,846

    Capital Gain:
    ₹70,00,000 – ₹46,53,846 = ₹23,46,154


    Example 3: Gold Bought in FY 2012–13

    • Cost: ₹5,00,000
    • CII in 2012–13: 200
    • Sold in FY 2024–25 for ₹14,00,000
    • CII in 2024–25: 363

    Indexed Cost:
    ₹5,00,000 × (363 ÷ 200) = ₹9,07,500

    Capital Gain:
    ₹14,00,000 – ₹9,07,500 = ₹4,92,500


    Example 4: Property Improvement in FY 2010–11

    • Property bought in FY 2003–04 for ₹12,00,000 (CII: 109)
    • Improvement in FY 2010–11: ₹4,00,000 (CII: 167)
    • Sold in FY 2024–25 for ₹50,00,000 (CII: 363)

    Indexed Cost of Acquisition:
    ₹12,00,000 × (363 ÷ 109) = ₹39,94,495

    Indexed Cost of Improvement:
    ₹4,00,000 × (363 ÷ 167) = ₹8,69,461

    Total Indexed Cost: ₹48,63,956
    Capital Gain: ₹50,00,000 – ₹48,63,956 = ₹1,36,044


    Example 5: Mutual Fund (Non-Equity Oriented) Bought in FY 2016–17

    • Investment: ₹3,00,000
    • CII in 2016–17: 264
    • Redeemed in FY 2024–25 for ₹6,50,000
    • CII in 2024–25: 363

    Indexed Cost:
    ₹3,00,000 × (363 ÷ 264) = ₹4,12,500

    Capital Gain:
    ₹6,50,000 – ₹4,12,500 = ₹2,37,500

    Discontinuation of the application of Indexation or CII w.e.f. 23rd July 2024

    Yes, the heading is correct!

    Reason for Removing the Benefit of Indexation or Discontinuation of CII

    The government allegedly discontinued the application of CII to rationalize and simplify the Capital Gains Tax. It did so by making applicable a flat tax rate 12.5% on long-term capital gains and removing the indexation under the second proviso to section 48 on such gains, which was earlier available for property, gold, and other unlisted assets. As per the government’s rationale, this will ease the computation of capital gains for the taxpayer and the tax administration. The same was done with effect from 23.07.2024 (23rd July 2024). Parallel amendment was also done in Section 112 of the Income Tax Act to bring the rate of 12.5% into force for Long Term Capital Gains.

    There is a Catch! Indexation or Benefit of Application of CII is still available in some cases #Exception

    • Available only to Resident Individuals or HUF
    • Available only in relation to land or building or both
    • Available only if land or building or both is/are acquired before 23rd July 2024
    • Available irrespective of land or building or both, transferred either before or after 23rd July 2024

    The above exeption is provided in second provison to section 112(1)(a) which not in so simple manner states that:

    Provided further that in the case of transfer of a long-term capital asset, being land or building or both, which is acquired before the 23rd day of July, 2024, where the income-tax computed under item (B) (i.e. at the rate of 12.5%) exceeds the income-tax computed in accordance with the provisions of this Act, as they stood immediately before their amendment by the Finance (No. 2) Act, 2024, such excess shall be ignored.
    Due to the above stated exception, the Cost of Inflation Index or CII still holds relevance, though in limited case as stated above

    Illustrations with respect to role of 23rd July 2024 in application of Indexation or CII

    Case 1: Asset acquired before 23 July 2024, but sold after 23 July 2024 by Resident Individual

    Indexation benefit: Available
    Tax Option: Lower of

    • 20% with indexation
    • 12.5% without indexation

    Example:

    • Property bought: April 2010 for ₹25,00,000
    • Sold: October 2024 for ₹1,00,00,000
    • Indexed cost (using CII 2024–25 = 363):
      (25,00,000×363)/167(25,00,000 × 363) / 167(25,00,000×363)/167 ≈ ₹54,31,137
    • LTCG (with indexation): ₹45,68,863 → 20% = ₹9,13,772
    • LTCG (without indexation): ₹75,00,000 → 12.5% = ₹9,37,500
    • Pay lower tax = ₹9,13,772

    Case 2: Asset acquired on or after 23 July 2024, sold later by Resident Individual

    Indexation: ❌ Not available
    Tax: 12.5% flat on gains

    Example:

    • Property bought: August 2024 for ₹60,00,000
    • Sold: March 2026 for ₹85,00,000
    • LTCG = ₹25,00,000 × 12.5% = ₹3,12,500
    • Flat rate applies, indexation not allowed

    Case 3: Asset acquired before July 2024, sold before July 2024

    Old regime applies
    Tax: 20% with indexation

    No impact of new regime


    Case 4: NRI sells property after 23 July 2024 (any acquisition date)

    Indexation Not available
    Tax: 12.5% flat

    • No option to use indexation
    • Applies to NRIs, LLPs, companies, etc.

    Case 5: Land acquired in 1999, sold in FY 2024–25

    Eligible for indexation benefit
    Indexed from 2001 (fair market value on 1 Apr 2001)

    Still eligible for indexation if sold after 23 July 2024 — if acquired before cut-off and assessee is resident individual/HUF

    Table summarizing applicability of Indexation post 23rd July 2024

    CaseAcquisition DateSale DateAssessee TypeIndexationTax Rate
    1Before 23 Jul 2024After 23 Jul 2024Resident Individual✅ Optional
    (Option available only for Land or Building for Both, not for other Assets)
    Lower of 20% or 12.5%
    2After 23 Jul 2024AnyAny12.5%
    3Before 23 Jul 2024Before 23 Jul 2024Any20% (old rule)
    4AnyAfter 23 Jul 2024NRI/LLP/Company12.5%
    5Before 2001After 23 Jul 2024Resident Individual✅ Optional
    (Option available only for Land or Building for Both, not for other Assets)
    Lower of 20% or 12.5%

    FAQs

    Frequently Asked Questions
    1. Can I still use CII if I bought a property before 23rd July 2024?
    Yes, if you are a resident individual or HUF and the property is a land or building acquired before 23rd July 2024, you can still use the Cost Inflation Index (CII) to claim indexation on long-term capital gains.
    2. What happens if I sell a property after 23rd July 2024 that I bought earlier?
    If the property was acquired before 23rd July 2024 and you’re a resident individual or HUF, you get the benefit of choosing between 20% with indexation or 12.5% without indexation — whichever results in lower tax.
    3. Who is eligible to claim indexation after 23 July 2024?
    Only resident individuals or HUFs are eligible to claim indexation after 23 July 2024, and only for land or building acquired before that date.
    4. What is the new long-term capital gains (LTCG) tax rate?
    A flat 12.5% LTCG rate applies without indexation for most assets sold after 23 July 2024. However, certain exceptions allow continued use of indexation.
    5. Is indexation available for gold or mutual funds after July 2024?
    No. Indexation is no longer available for gold, mutual funds (non-equity), or other capital assets acquired on or after 23 July 2024, regardless of who the assessee is.
    6. What if I’m a company or NRI — can I use indexation?
    No. From 23 July 2024 onward, NRIs, companies, LLPs, and other non-individual taxpayers cannot avail indexation benefits even for older assets.
    7. Is there still any use of CII after 23rd July 2024?
    Yes. Though limited, CII remains relevant for resident individuals and HUFs selling land/building acquired before 23 July 2024. It’s used to calculate indexed cost and compare tax outcomes under both regimes.
    8. Can I still use FMV as on 1st April 2001 for old properties?
    Yes. For assets acquired before 1 April 2001, you can still substitute Fair Market Value as of that date and apply indexation from FY 2001–02 onward — provided the asset qualifies under the exception.
    9. Does the new rule affect sales made before 23 July 2024?
    No. Sales executed before 23 July 2024 fall under the old capital gains regime, where indexation is fully allowed and tax is calculated at 20% with indexation.

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