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ITA 1961 → ITA 2025Special Tax Rates

Section 115F Section 128

Capital gains on transfer of foreign exchange assets not to be charged in certain cases

RetainedHigh - Excellent tax-saving tool for NRI portfolios.

Quick Answer

Section 115F of the Income Tax Act, 1961 (Capital gains on transfer of foreign exchange assets not to be charged in certain cases) corresponds to Section 128 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 115F

In the 1961 statute, Section 115F deals with capital gains on transfer of foreign exchange assets not to be charged in certain cases. Exempts LTCG arising to an NRI on the sale of a foreign exchange asset if the net consideration is reinvested in another specified asset within 6 months.

Under the Income-tax Act, 2025 (effective 1st April 2026), Section 115F is retained and renumbered as Section 128 of the Income-tax Act, 2025. Retained. Functions similar to Section 54F, but specifically designed for NRIs to keep foreign exchange within the Indian economy.

The transition impact on Section 115F is assessed as High. Excellent tax-saving tool for NRI portfolios.

Old Law (ITA 1961)Ch: XII-A

Sec 115F

Provision Summary

Exempts LTCG arising to an NRI on the sale of a foreign exchange asset if the net consideration is reinvested in another specified asset within 6 months.

New Law (ITA 2025)Ch: XI

Sec 128

Provision Summary

Retained. Functions similar to Section 54F, but specifically designed for NRIs to keep foreign exchange within the Indian economy.

Key Changes & Highlights

  • Proportionate exemption logic hardcoded in the NRI ITR forms.

Related Sections

Frequently Asked Questions

Which subject does Section 115F of the 1961 Act cover?

Section 115F of the Income Tax Act, 1961 covers capital gains on transfer of foreign exchange assets not to be charged in certain cases. Exempts LTCG arising to an NRI on the sale of a foreign exchange asset if the net consideration is reinvested in another specified asset within 6 months.

What is the new section number for Section 115F under the Income-tax Act, 2025?

Section 115F of the Income Tax Act, 1961 maps to Section 128 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Retained. Functions similar to Section 54F, but specifically designed for NRIs to keep foreign exchange within the Indian economy.

How does the Income-tax Act, 2025 affect Section 115F in practice?

The transition impact for Section 115F is rated High. Excellent tax-saving tool for NRI portfolios.

What is new about Section 115F under the Income-tax Act, 2025?

Proportionate exemption logic hardcoded in the NRI ITR forms. These points are specific to Section 115F (Capital gains on transfer of foreign exchange assets not to be charged in certain cases).

Disclaimer: This mapping of Section 115F (Capital gains on transfer of foreign exchange assets not to be charged in certain cases) to Section 128 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 115F is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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