Capital gains tax exemption bonds issued u/s 54EC of the Income ...

Investor locked into long-term capital gains bonds; premature redemption not allowed to maintain financial stability.

Case Laws Income Tax

November 20, 2024

Capital gains tax exemption bonds issued u/s 54EC of the Income Tax Act, 1961, are long-term specified assets with a mandatory lock-in period of 5 years. The legislative intent behind this lock-in period is to ensure long-term capital allocation and financial stability. The bonds cannot be transferred, converted into money, or used as security for a loan within the lock-in period, as it would violate the statutory purpose and contractual terms. Premature cancellation or redemption of these bonds is not permissible, even if the capital gains exemption is not claimed or the investor is willing to forgo interest. Allowing such premature redemption would undermine the object and purpose of the bond scheme and contravene statutory obligations u/s 54EC. The terms and conditions governing the bonds are binding on both parties, and cannot be unilaterally altered or modified through judicial intervention under Article 226 of the Constitution.

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Capital gains tax exemption bonds issued u/s 54EC of the Income ...

Investor locked into long-term capital gains bonds; premature redemption not allowed to maintain financial stability.

Case Laws Income Tax

November 20, 2024

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