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Capital Gain Exemption on Sale of Agricultural land

I have sold our ancestral agricultural land in Punjab recently. We have been told that it is within 8 Kms of municipal limits and h...
I have sold our ancestral agricultural land in Punjab recently.

  1. We have been told that it is within 8 Kms of municipal limits and hence categorised as urban land, which is taxable for the purpose of CG (rural land is tax free).
  2. Further research indicated that proceeds from agricultural land may either be re-invested in purchase of another agricultural land or a residential property in order to be eligible for Capital gain rebate under income tax.
  3. Investment in Commercial property is not eligible for any rebate.
  4. Also, if I buy residential property will I get the benefit of cost indexing as I will get if I re-invest in agricultural land?
  5. I do not intend to purchase another agricultural land, therefore, the only option left for me in to buy residential land. BUT, now I find out that since I already own a residential property in India, I cannot claim capital gain rebate on that new property I may be planning to buy. Is CG rebate not eligible on the second residential property. I learned that there was an amendment to this section sometime back and second house is eligible.
  6. how can I get the benefit of the CG rebates aside putting money in capital bonds for 3 years?
G walia

Dear G

You have studied a Lot on this subject and most of your Information is correct but some of it is not correct.


Agriculture Land: agriculture land in rural area is not covered in definition of Capital asset hence no capital gain is applicable in case of sale of agriculture land in rural area .However capital gain tax is applicable if land is situated in urban area.

Investment in Agriculture Land:yes you are correct that reinvestment in agriculture land can save tax on capital gain but there are some conditions to it ,as given in section 54 B of the income Tax act,But as you have given you are not Interested in it we are not going to these details .further It is true that

Investment in commercial property will not give you any exemption /deduction from capital gain.

Investment In Residential property : with Investment in residential property you can save tax u/s 54 F .But not same as agriculture land can .the difference between both the option are that in case of section 54 B (Investment in agriculture land) the amount to be invested only the amount of capital gain but in case section 54 F (investment in new residential house) net sale proceed is to be invested in the new Residential house.

Purchase of residential house: Purchase of residential house option is left with you ,because as section this option can be opted if
    -there is long term capital gain.
    -gain should be from sale of asset other than residential house.

You are fulfilling both the condition as you have sold ancestral agriculture land which is long term non residential house property.

Now the question is that whether you can save tax even if you have a other house on date of transfer of agriculture land ?


The News is good ,you can invest in residential property and can save tax on long term capital gain tax on sale of agriculture land even you already have a residential property with you.Means if you have a house already with you even then you can save tax under section 54 F .

Capital gain calculation : To calculate Holding period for the purpose of capital gain ,the period of holding of your father ,grand father ,.........will also be included means it is LONG term property.But the Cost of indexation will be available to you only from when it is being transferred to you.Cost of land of previous owner will be taken and if purchased before 01.01.1981 then cost price or market value as on 1.4.1981 which ever is higher will be cost of that land . On this cost ,Indexation will be given .

Amount of Investment : U/s 54 F ,the net receipt from the sale of Land in the question has to be invested in a residential house property by
  • Purchase of new house before one year and with in two years from the transfer of above Land .
  • Construction of new house with 3 years from date of transfer.

if amount invested in house is less then net receipt from land then exemption will be available on pro-rata basis.

Capital gain scheme:If amount of capital gain arising from the sale of old asset(land here)is not used as per point above before the due date of furnishing of income tax return or furnishing of return which ever is earlier than the balance unused amount should be deposited in designated banks under capital gain account scheme 1988 .

if capital gain amount unused has not been deposited under the scheme then the amount of capital gain will be taxable in the previous year as long term capital gain it self no matter it is actually used by the assessee for the purpose with the period explained above .

if the amount deposited in capital gain scheme , wholly or partly has not been used with in the three year from the date of transfer of old asset and purpose given above then the unused amount will be taxable in the hand of the assessee in the previous year in which three years expires from date of transfer of old asset as long term capital gain.



Exemption withdrawal : after availing above exemption ,
  • if new house will be sold with in 3 years from purchase/construction of the house or
  • if you purchases another house other then new house with 2 year from transfer of old house or construct another house with in 3 years from date of transfer of old house
then amount exempted on purchase of new residential House will Be taxable in your hand as Long term capital gain in year in which above any of the above two happens.

Exemption through Investment in Bonds : You are also eligible to save tax u/s 54EC by investing in Bonds .Unlike residential House u/s 54 F ,In bonds Only capital gain amount is required to be invested.No need to invest net receipt.suppose yo have sold land at Rs 100/- and capital gain after indexation is 45 then in case of section 54F (residential House) you have to invest 100 where as in Bonds only 45 is required to be deposited to claim full capital gain tax exemption.Lock in period is Just Three Years but maximum amount that can be invested in bonds is limited to 50 lakhs.You can opt for this option with in 6 months from date of transfer of the land

Note :Agriculture land definition has been changed wef 01.04.2013 as under
(1) in an area within 2 kilometers of local limits of municipality etc., these 2 kilometers shall be measured aerially, and population of municipality etc. is more than 10,000 but not exceeding 1,00,000; or
(2) such land should not be situated within 6 kilometers of the municipality having population of more than 1,00,00 but not more than 10 lacs; or
(3) such land should not be situated within 8 kilometers if population of municipality etc. is more than 10 lacs.

COMMENTS

BLOGGER: 75
  1. SIR I HAD PURCHSED THE 19 ACRE AGRICULTURE LAND ON 42 LAC RUPEE ONLY IN OCT -2009 & NOW I M SELLING THIS LAND TO A CUSTOMER ON 2 CR. ONLY. SO HOW CAN SAVE A TAX OR CAN I PAY A TAX?

    ReplyDelete
    Replies
    1. u can invest the sale proceeds in capital gains account scheme and save taxes.

      Delete
  2. SIR I HAD SOLD MY ANCESTRAL AGRICULTURE LAND PURELY RURAL IN NOV 2011 WILL THIS ATTRACT INCOME TAX OR NOT.

    ReplyDelete
  3. Rural Agricultural land is not covered under income tax at all ,so the same is exempted from tax

    ReplyDelete
  4. Sir,
    We own ancestral agricultural land which is being cultivated since the past 50 years till date. It is situated in a village outside the municipality limits. nearest town is 5km from the village.
    my question is, would i have to pay capital gains tax on sale of this agricultural land. i want to reinvest it in a commercial property in the urban area.

    ReplyDelete
    Replies
    1. Rural Agricultural land is not covered under income tax at all ,so the same is exempted from tax.

      Delete
    2. Thanks. I appreciate your prompt reply. But there is a confusion regarding an exemption on capital gains regarding the agricultural land being situated within 8km from municipality limits. which makes it a good case for CGT. Does this rule go for Rural areas also.

      Delete
    3. Following Agriculture lands are taxable under capital gain

      1) Land situated in any area within the jurisdiction of
      municipality, municipal corporation, notified area
      committee, town area committee, town committee,
      or a cantonment board which has a population of not
      less than 10,000 according to the figures published
      before the first day of the previous year based on the
      last preceding census.
      2) Land situated in any area around the above referred
      bodies upto a distance of 8 kilometers from the local
      limits of such bodies as notified by the Central
      Government

      so 8 km is not a specific limit and fixed limit for all the cities but it is maximum limit which can be notified for cities.In case of few cities less limits has also been prescribed .you should download a file in the link given below.and check annexure "A" at page fifty on-wards in the downloaded file.

      http://taxclubindia.com/forum/viewtopic.php?f=11&t=74

      Delete
    4. Thank you Mr Gupta. My area does not fall in the list of cities mentioned in the annexure A. So I presume that it is not a notified town hence clause 2 (as mentioned in ur last reply) of CGT doesnot apply in this case and my property is free from capital gains tax.

      Delete
    5. I have given my opinion /Facts and my views are favorable to you.But you must take second opinion as the amount involved may be huge

      Delete
    6. Under which section profit on sale of rural agricultural land is exempt?

      Delete
  5. Sir, I purchase agriculture land in urben area @ 1,90,000 in 1984 & sold the same land after converting to Non Agriculture @ 50,00,000 in 2011. Is there any capital gain tax, if yes how much & how can I save the capital gain tax.

    ReplyDelete
    Replies
    1. Capital gain will be as under

      5000000-(190000*785/125)=5000000-1193200=3806800


      First option is invest 3806800 (capital gain amount )in capital gain bonds u/s 54EC for three years or

      http://simpletaxindia.blogspot.com/2008/10/capital-gain-bond-us-54ec-vs-capital.html

      Invest amount in house if you do have only one house u/s 54F

      http://www.simpletaxindia.net/2009/02/capital-gain-exemption-54-f-available.html

      Delete
  6. Hello,

    I have sold a urban "Residential Plot" (not house) recently and I am thinking of investing this amount in rural "Agriculture Land". Does this qualify for tax exemption from Long Term Capital gains?

    Regards,
    Raghu

    ReplyDelete
  7. no such exception is available

    ReplyDelete
  8. sir,

    my father purchased 2 acre agriculture land on 2002@400000,upon his demise ,We have sold that on fy10-11,jointly in the name of my mother and all brother and sister@1600000.situated in urban area(nagar panchayat) with population above 10k.
    will cgt implies to all of us?what will be tax treatment for this.

    ReplyDelete
  9. Dear Sir, i had purchased 13 acres 100% agricultural estate for 45 lakhs in 2007 and was working accordingly. Now i am selling for 1.25 crores. This estate is false under rural area which is more than 8 kms away municipality limit.
    So, 1) is this amount taxable as per Income tax act? 2) what is the procudure for inward cash flow as per IT? So please advice me asap.

    ReplyDelete
    Replies
    1. No tax applicable on agriculture land as the sale of agriculture land is not covered under capital assets ,so no income tax applicable on gain on sale of agriculture land falls out side 8 km from municipal limits

      Delete
  10. sale of agricultural land weher to show in ITR form (income tax)

    ReplyDelete
  11. V hv sale. Our ancesstral land , 8 bigha out of 25 bigha in 2005 by converting it in non agriculture land& the rest in 2009.do v r liable to any tax.

    ReplyDelete
  12. Dear Mr. Rajan, I had transferred funds from my NRE INR account to NRO INR fixed deposit in Feb 2011. Now i want this NRO INR deposit funds to be deposited back into my NRE INR Account as per the notification No.RBI/2011-12/536 A. P. (DIR Series) Circular No.117
    dated 7.5.2012 from RBI, but the bank is saying, this is possible only when a Audit certificate is issued. As per RBI notification there is no clause about this certificate. So can you please explain your point of view.

    ReplyDelete
    Replies
    1. First you should get clarification from Bank ,under which rule it is required and by whom it is to be issued , if they(bank) have received it(certificate) from any body else ?

      Delete
  13. Sir,
    I have an agricultural land in a panchayath and the property is situated 13km's away from the nearest municipal town.Population of the said panchayath is more than 10000. Does this place can be construes as a rural area for the purpose of calculating Capital gains tax under income tax act

    ReplyDelete
    Replies
    1. There is no capital gain tax on rural agriculture land .From the facts given by you ,land is agricultural non rural land so capital gain on sale of land is applicable.However please note that population figure must be as per published census.

      Definition of agriculture land covered under Income tax is given below.

      1.Land situated in any area within the jurisdiction of municipality, municipal corporation, notified area committee, town area committee, town committee, or a cantonment board which has a population of not less than 10,000 according to the figures published before the first day of the previous year based on the last preceding census.

      2.Land situated in any area around the above referred bodies upto a distance of 8 kilometers from the local limits of such bodies as notified by the Central Government .


      Read more: http://www.simpletaxindia.net/2012/05/what-is-capital-asset-for-capital-gain.html#ixzz1x29KOlZx

      Delete
  14. Dear Sir,

    I sold my ancestral house (bought plot in 1973 @ Rs. 500/- only and got it constructed by 1977) located in my village which is far away from the municipality limits (8 KM). I sold the house at 2850000/-. And then after purchased the agriculture land out of this money in the village too. I did not require the house as I started living with my son who got his new house constructed. Does the sale of house attract capital gain tax.

    ReplyDelete
    Replies
    1. Yes, sale of house attracts capital gain . Only sale of agriculture rural land is not covered under capital gain but all house even in village is not exempted .

      Further capital gain from house can not be set off with agriculture land purchase.

      However if you can prove that you have sold agriculture land not house then no capital gain attracts.

      Further to save capital gain you have to invest capital gain amount in new house under 54 section or 54EC capital gain Bonds

      Delete
    2. Sir i hav an urban plot which i bought worth rs. 21 lac, in june 2011. I want i sell this plot , in rs. 22 lac . And invest this 22 lac to buy agricultural land in rural. Can i do that ?

      Delete
    3. In your case no capital gain has been earned so you can use money as you want

      Delete
  15. I had a rural agricultural land which was compulsarily acquired by the UP Govt for the Yamuna Expressway. The compensation paid to me is not a sale of capital asset. Where do I show the exempt income in my ITR-2 return form for 2012-13?

    ReplyDelete
    Replies
    1. As per income tax act rural agriculture land is not a capital asset so it is not an exempted income but a capital receipt only . so no need to show it in income tax return .

      However if want to show then appropriate column in ITR-2 is

      (sheet EI) Schedule EI Details of Exempt Income (Income not to be included in Total Income)
      sr number 5

      Delete
  16. I have received the compensation for compulsory acquisition of rural agricultural land for Yamuna Expressway from the Govt of UP. Where do I show this compensation amount as Exempt Income in an ITR-2 form for 2012-13?

    ReplyDelete
    Replies
    1. No need to show in ITR form , if you want to show , show it in sr no 26 in ITr-1

      Delete
  17. I had purchased farm land measuring half acre in the chennai outskirts for Rs.5 L in 1997. Now I wish to sell the same for about 4 Crores and invest in residential land and construct a house.
    I already own 2 residential properties.
    Please advise if I I will be able to avoid capital gains tax by investing the full sale proceed of the farm land in residential land / house within one year of sale.
    Thank you.


    ReplyDelete
  18. My father had purchased the land in the year 1984 in a village in gurgaon and the land is 17km away by road from municipal limits. It was purchased for Rs100,000. now the cost as of today is approx 2.8 crore. Will i hav to pay any type of tax on it. if any how much. I hav a residential property in mumbai in my name, which was gifted to me by my mom in this year. I intend to buy 1 more residential house in mumbai, can i buy?

    ReplyDelete
    Replies
    1. if it is a rural agriculture land as per income tax act then no tax on it.

      Delete
  19. sir can a buyer show purchased asset at lower then municipal value(Stamp Value)

    ReplyDelete
  20. I purchased an agricultural land and converted it to non agricultural land. I sold this property to a company for commercial purpose. Can I take the credit of cost of conversion to non agricultural land as a deduction while calculating capital gains on Sale???

    ReplyDelete
    Replies
    1. In our you can deduct cost of conversion while calculating capital gain.

      Delete
  21. Dear Sir,
    My father is selling agricalture land at Devanahalli(Bangalore dist) for Rs.72 lacs.
    Our land is located at Devanahalli town and it is with in 2KM far from the municipality limits.
    Planning to invest 50 lac on for below mentioned purpose.
    option 1. Plannig to buy 3 floor contructed house(which is in municipality limits, presently it is in

    constructed
    in revenue 1.25 gunta land)
    OR
    Option 2. Planning to buy the revenue land out side municipal limits.
    OR
    option 3. Planning to buy the contructed house (which is having BMRD or DC converted)

    I request you advise us which option is best to aviod the tax and please brief on the same.

    Remaining 22 lac planning to build house our residentail purpose(presently we don`t have any house in our

    father name)
    Please let us your advise on the same.
    Thanking you very much.

    Rajgopal

    ReplyDelete
  22. Dear Sir,

    My wife and me are farmers. We have purchased a agricultural land in February 2008 and selling it now in April 2013. As per the requirement of the purchaser we converting it to industrial NA (Non Agricultural Land) in February 2011. The land is situated in a rural area and outside the specified limit of a Notified Area, meaning thereby that it is a rural agricultural land. Now as per the IT law if the land is agricultural and outside specified limit there is no tax (capital gain or otherwise) to be paid. But as we have converted into NA use, please let me know whether the sale preceding will attract any taxes. If it attracts any taxes, is there any way to save the tax, i.e by investing in purchase of bungalow or agriculture land. We have two flats each on our name and agricultural land as well.

    Ravi

    ReplyDelete
  23. Dear sir,

    I Have sold my anscestral Agriculture land in rural Area in Himachal Pradesh (India) on May 2012. Have I to pay any tax on sale proceeds received by me. Thank you sir.

    Suresh Bhardwaj

    ReplyDelete
  24. Dear Sir,

    I have sold my ancestral agriculture land in rural area in Himachal Pradesh (India) in may 2o12. Have I to pay income tax on sale proceeds received by me. Thank you sir.

    Suresh Bhardwaj

    ReplyDelete
  25. Dear sir,

    I have received sale proceeds for sale of anscestral agriculture land in rural area which is not taxable as advised by you in other cases. Kindly advise me in ITR-2 in which coloumn the received money is to be shown as I file ITR-2. If it is to be added in Gross income then in which column the deduction is to be claimed being non taxable amount. Thank you sir.

    ReplyDelete
    Replies
    1. profit/gain from rural AGRICULTURE land sale is out of the preview of income tax ,so no column is provided in any return

      Delete
  26. Please publish answer to my question dated 26.4.2013 at 6.33 Pm as I have to file my return. The question was regarding sale of agriculture land in rural area in Himachal pradesh during may 2012, whether any tax has to be paid by me on proceeds of sale received. Inconvenience caused is regretted. Thank you sir.

    Suresh Bhardwaj

    ReplyDelete
  27. I have 2 bigha land bought in 2007 for 30 lac. i want to sell the same for 1.4 cr. its under gram panchayat but 1 km from Lucknow city limit. how can i save taxes here?

    regards
    Anil

    ReplyDelete
  28. Dear Sir,
    Thanks for the information. I have one query. I sold a non agricultural land on 17 April 2013 after holding it for more than 4 years. I had booked a flat in early 2009 for which the registration happened on 24 Dec 2009, but got the possession of this flat only in Feb-2013. Can I claim advantage of "reinvesting in house property" to save long term capital gain tax relating to these transactions? As the actual possession date is within specified limit of 1 year before the land sell transaction, Can I claim investment in this flat from the long term capital gain arising from selling of the land? On the Income Tax website, it shows clearly shows that the act of giving possession is treated as transfer for the purpose of Capital Gain.

    Rajashri

    ReplyDelete
  29. Sir, my father has sold his rural agriculture land in the last year and he has invested that money in purchase of new flat in Noida in the name of his wife. Please let me know whether that is allowable under income tax scheme and i believe no income tax is applicable in that amount.

    ReplyDelete
    Replies
    1. no tax applicable on rural agriculture land 8km outside municipal limits

      Delete
  30. can we claim exemption u/s 54F if we purchase a new house property partly and partly agricultural land out of sale proceeds of urban agricultural land

    ReplyDelete
    Replies
    1. yes ,you can claim partially 54B and partially 54F .However to claim 54F holding period of urban agriculture land must be 3 years or more

      Delete
  31. My uncle had brought an agricultural land of 66 cents for 55 lakhs with 3 partners on Feb 2007, but document value was 3.5 lakhs only. he registered the land on his name only. now he is going to sell it for a value of 130 lakhs on upcoming June 2015, under urban land.

    how to resolve income tax problem without affecting partnership.

    ReplyDelete
  32. My uncle had brought an agricultural land of 66 cents for 55 lakhs with 3 partners on Feb 2007, but document value was 3.5 lakhs only. he registered the land on his name only. now he is going to sell it for a value of 130 lakhs on upcoming June 2015, under urban land.

    how to resolve income tax problem without affecting partnership.

    ReplyDelete
  33. if i sell my ancestral agriculural land that is in municipal limit for 1 cr, how much time i have to invest it in another property and if i am unable to invest it in any property how much i have to as tax

    ReplyDelete
    Replies
    1. First ,you have to assess cost of it in 1-04-81 and then multiply it with around 11 .deduct it from sale price.

      suppose 01.04.81 value is 100000 then 11 times =1100000
      capital gain will be 10000000-1100000=8900000
      tax @ 20 % =1780000

      Delete
  34. Sir
    We have an agricultural land near Ujjain 5 km from city. This is owned jointly by myself, my wife and my brother in law. The part of land was acquired by government to make the ring road. the part compensation is received by us in FY14. the land was used for cultivation for last 4 year by giving it to previous owner, he used to give us share in the crop, which was consumed by us in house, not sold in market. I have following questions
    a. is this receipt of compensation can be considered as exempt income under sec 10(37)
    b. I understand I will be able to get only 1/3rd of receipt amount under my income.
    c. the compensation received is at lower rate compare to the rate at which we purchased the land as per registry. in such case should I claim this under EI sheet of ITR-2 or report it as loss of income in capital gain.
    thanks
    Parag

    ReplyDelete
  35. a)As this is a compulsory acquisition/Agriculture/urban land so it is covered under 10(37)
    2)Yes ,you will get share of income in ratio of your ownership in land.
    3)Technically you can shown loss in EI but no benefit in showing


    ReplyDelete
    Replies
    1. Sir
      Thanks for prompt reply. few more additional queries

      i. In EI sheet this capital gain should be shown in 4(i) or 4(iv)
      ii. Can I show it as short term capital loss in CG sheet instead of showing this in EI sheet.
      iii. Do I need to show it as 1/3rd of total loss only.

      Parag
      Pathak_parag@yahoo.com

      Delete
    2. Point wise reply
      i. It should be shown in sr no 5.
      ii. No ,loss from exempted income can not be carried forwarded
      iii Loss can not be shown in ITR under exempted Income section

      Delete
    3. Thanks, I am summarizing the understanding
      Income is exempted under Section 10(37) for any tax liability. In this case it is short term capital loss. Loss from exempted income category can't be carried forwarded, hence option of showing this in CG sheet is not available. At the same time EI sheet have no provision to show losses. Hence losses under compulsory acquisition of urban agricultural land can't be reported.
      Parag
      Pathak_parag@yahoo.com

      Delete
    4. Yes....,,,,One more point should you know that we assume that you have urban agriculture land .As the General limit is 8 KM from city .Further the limit for many cities has been defined less than 8 Km and even 2 Km ,We do not have Complete List .
      But what if it is not a urban agriculture land(UAL) ,nothing to worry ,then it will be treated as rural agriculture land(RAL) and RAL is not covered under the scope of Income Tax act ,so no Tax at all.

      UAL as described above in case of Compulsory Acquisition Income is exempted u/s 10(37)

      Delete
    5. This gives rise to following 2 questions further.

      Q-1: How to recover the capital loss incurred due to compulsory acquisition. ITR2 don't have provision to report these (negative number are not allowed in 4(i) of EI sheet. Is there a way this can be carried forward to be reported in EI sheet under 4(iii) of ITR2 in next FY.

      Q-2: In case of capital gain is positive due to compulsory acquisition of UAL under Sec 10(37) and income from other sources is more than basic exemption limit (2.5L), in such scenerio where we should report this exempted income. If we add this in EI sheet under 4(i), it is added to total income and taxed at normal rates with rebate on agricultural income. Thus making it non exempt.

      Parag
      Pathak_parag@yahoo.com

      Delete
    6. Loss from a source which is exempted under income tax can not be set off with any other Income or carry forwarded .
      Further if in present case ,gain has been earned then as I have already informed you, it is to be entered in EI sr no 5 not in Sr no -4

      Delete
  36. #*# Ancestral rural agriculture land (non capital assest) was coverted to Non Agriculture (NA) in 2011, and then sold in 2015. Now while computing capitail gain, acqisition cost should be (a) cost of land in 1981 OR (b) cost of land in 2011?

    ReplyDelete
    Replies
    1. There is no specific provision to find out the cost of such converted non-agricultural land. Hence, the cost of agricultural land would be the cost of non-agricultural land.

      however we recommend you to consult your tax advisor as this issue requires professional Judgement.

      Delete
  37. sir,

    sir ,if the agricultural land notified as - "grade of local body is rural " and also inheritance property, is capital gain tax applicable at sale.


    ReplyDelete
  38. we have purchased an agricultural land in 2010 and we had sold land in 2012 with in 2 years. we hold it 1.8 years, so any capital gain applicable for that land. agricultural land is capital asset???

    land is situated 12 kilometers from municipality area.
    population of village is 1500.

    ReplyDelete
    Replies
    1. No ,Rural agriculture land is not a "capital asset "and so out of the preview of Income tax .
      No capital gain is applicable on rural agriculture land ,holding period is irrelevant for rurual agriculture land

      Delete
  39. dear sir,
    i have heard that sale of all types of agricultural land is not exempt from tax. KOOL,
    GHASNI and banjar is taxable. PLease Clarify.

    ReplyDelete
    Replies
    1. All rural agriculture land is exempted from Income tax

      Delete
  40. My friend made satakhat of agriculture land in 2010-11
    And sale deed was made in 2011-12 but before made sale deed and after made satakhat agriculture land is converted in non agricultural so is it liable for capital gain or not??

    ReplyDelete
    Replies
    1. Satakhat is an agreement to sell but actual sale is happened on registration ,as the registration has been done after conversion so in our view capital gain is applicable in this case

      Delete
  41. when i was a minor in 1975 my father purchase a land in the name of me and i became a major in 1988. in the year 2015 i have sold that land and earned capital gains from that. Now which year i can take as indexation for cost of land acquisition for computing of capital gains

    ReplyDelete

  42. dear sir - i have sold a land in Fy 201-13 which is situated 3 km from local limit and population of said village is 18000.

    Is it capital asset for CG ?????

    PRITESH JAIN

    ReplyDelete
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SECURITIES,5,(MNP),2,(TDS)2007-08,1,`,1,01.07.12,23,01.09.2008,1,01.10.2012,2,06.07.2009,3,07.08.2012,1,1 PERCENT EXCISE ITEMS LIST,2,1 sep,1,1% excise,2,10 year nsc,7,10(10C),1,10(10D),1,10(11),1,10(12),1,1000 court cases judgements supplied to ITO,7,1000 rupee note,3,11-2008,1,11-2010,1,111A,2,130 items,1,14.08.2008,1,15 august,2,150 Rs coin,2,15g,14,15h,15,18-12-2009,1,192(1A),5,192A,2,194 I,3,194 IA,1,194A,7,194c from 01.10.2009,7,194H,6,194j,15,194LC,3,194N,1,194O,1,194q,2,1981-2007,2,2% cst,1,2% excise,1,2004,1,2008,1,2008-09 FY,1,2010,2,206AA,14,234A 234B 234C,10,234c interest calculator,11,234D,1,234E,16,234F,2,23AC,1,23ACA,1,23B,2,24C,3,24q annexure II,5,25 paisa coin,1,271(1)(c),5,271B,2,271H,4,272B,1,27A,1,280,5,280 challan,4,281,4,282,2,283,2,29 AUGUST,2,29.04.2010.,1,29/08/2008,2,29/2008 service tax,2,2g meaning use,1,3 idiots,1,30 MARCH,4,31st March,19,32-2010,1,33 of 2009,1,35(2AA),1,35(2AB),1,3CD,18,3g meaning use,1,40(b),4,43B,5,44 AB EXEMPTED INCOME,1,44AA,1,44AB AGRICULTURE,2,44AB new limit,29,44AB NON RESIDENT,3,44ad,19,44ada,3,46/2012 45/2012,1,49C,1,5 day week,1,5 years post office deposit,5,5/2011,1,50 paisa coin,2,500-1000 notes banned,128,54b,19,54EC,28,54ee,1,54f,22,54gb,1,5th paycommission punjab,1,6 % excise,1,6 crore advance limit,1,6/2005,1,69/2010,1,6th cpc,5,6TH PAY COMMISSION,6,70% of pan etds,7,7th Central Pay Commission,12,8 tips to save tax,2,80C,90,80ccc,3,80CCD,15,80cce,2,80CCF,18,80CCG,6,80d,10,80DDB,14,80EE,4,80EEA,1,80G,6,80GG,8,80GGA,6,80GGB,1,80ggc,1,80tta,5,80TTB,2,80U,2,85% of pan etds,1,86/2008 DATED 13-08-2008,1,87A rebate,8,89(1),22,89(1) relief calculator,19,9.5 % rate for private epf,8,92E,1,95% of pan etds,5,98 dated 04/01/08,1,aadhaar,18,aakash tablet,1,aam admi,1,aar,4,Aayakar Sampark Kendra,1,abatement,13,abolished,1,ACCOUNT PAYEE DRAFT,2,Accounting,1,ACCOUNTING CODE,11,accounting code for services,6,ACCOUNTING FOR GOVT GRANTS,3,accounting standards,12,ACES,10,ADD IN,1,Add-Ins,2,additional relief in budget 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TAX,2,AS-12,1,ASBA,1,assessee in default,2,ASSESSMENT REOPENING,8,ASSESSMENT YEAR 2008-09 REFUND,1,atm,13,atm 100 per day,2,atm cash without card,2,atm tips,9,atm wrong debit,1,audit cases itr filing,2,audit limit enhanced,13,Audit Questionaire,1,AUDIT REPORT,63,AUS VS IND.INDIA VS SL,1,Automated teller machine,1,AUTOMATION OF CENTRAL EXCISE AND SERVICE TAX,7,Axis Bank credit cards,2,ay 2010-11,1,bad debts,2,Balwant Jain,180,Bank,6,Bank account,15,bank audit,3,bank audit 2012,1,bank charges,19,BANK SALARY,2,bank strike 06/07/09 and 07/07/09,1,banking law amendment,1,banknotes,6,banks npa provisioning,4,BARE ACT,4,bare rules,1,BASE RATE BY BANKS,2,bcct,1,belated return,2,benami property,1,BIMAL JAIN,474,biometric pan card,3,black and white form not acceptable,2,black money,27,BLOCK PERIOD,1,blogging,1,bobay refund,1,BONUS,2,bonus share,2,book discount,5,BOOK ON EFILING,1,BOOK REVIEW,1,books of accounts,6,BOOMING INDIAN ECONOMY,3,both House rent allowance,10,both hra and house loan,15,Brass Scrap,3,BRIBE CASE,1,BROKER,3,BSE,1,bsnl broadband,1,bsnl broadband usage,1,bsnl land line sms alert,2,BSR CODES,3,BUDGET 2009,18,budget 2010,28,budget 2010-11,4,budget 2011,13,BUDGET 2012,38,budget 2013,17,BUDGET 2014,39,BUDGET 2014 CONTEST,6,budget expectations,8,BUDGET HIGHLIGHTS,11,budget live on computer,5,budget live telecast,5,budget notification,1,budget on tv,1,budget speech,16,BUDGET SPEECH DOWNLOAD,2,Budget-2014,2,Budget-2015,45,BUDGET-2016,71,budget-2017,28,BUDGET-2018,32,BUDGET-2019,22,BUDGET-2020,2,budget-2022,9,BUDGET-21,39,Budget-23,51,BUDGET08,5,BUDGET2018,1,Business,5,BUSINESS AND PROFESSION MEANING,1,BUSINESS COVERED UNDER 44ab,2,buy back,1,BUY HOUSE,5,C FORM,5,CA CAN ONLY AUDIT MVAT,4,CA CLUB INDIA,1,CA GIRISH AHUJA,3,CA NITIN GUPTA,5,CA PARDEEP JAIN,5,CA ROHIT GUPTA,4,ca services,3,CA sudhir Halakhandi,1,CA Swapnil Munot,15,CA Vikas Khandelwal,9,calculate arrear,1,CALCULATE NEW PAY,2,calculate your emi,4,calculation of tax on salary arrears,4,CALCULATOR,72,CALCULATOR REVISED,1,capital asset,4,capital formation huf,3,Capital gain,45,capital gain account scheme 1988,11,CAPITAL GAIN INDEX,30,capital gain on repayment of loan,2,capital gain on tenancy rights,1,capital goods,3,capital revenue,1,CAPITAL SUBSIDY,3,CAR LOAN,1,CAR LOAN RATE INCREASE,12,carry forward of losses in late return,5,cas,1,cash back,1,Cash credit,2,cash flow statement,1,CASH PAYMENT DIS ALLOWANCE,11,CASH PAYMENTS EXCEEDING 20000,5,CASH SUBSIDY,3,Cash Transaction 2016,8,cbdt,15,cbec,9,CBI ARRESTED,1,centeral sales tax rate,2,CENTRAL PAY COMMISSION,6,CENTRAL PROCESSING CENTER,2,CENTRALISED PROCESSING OF RETURNS,1,Cenvat,63,CENVAT Credit Rules,81,cgas 1988,3,challan,7,challan 281,10,CHALLAN 289,1,challan correction,8,challan Form 17,11,CHALLAN STATUS INQUIRY,1,change,1,change in cst rate,5,change in excise duty rates,11,CHANGE IN PAN ADDRESS,3,CHANGE IN PAN DATA,7,change in tds rates in budget,14,changes,2,CHANGES IN SERVICE TAX ACT,58,changes in 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Emilio Ruiz Berdejo (2010) 320 ITR 190 (Bom.),1,cloning of atm card,1,clubbing of income,2,co-ownership,1,COLLECTION CHARGES,1,COLOR SCHEME,1,COMMISSION ON SMALL SAVINGS,2,common error in 2009-10,1,common error in itr 4-5-6,3,compa,1,companies bill 2012,2,COMPANIES RATE,2,COMPANY BILL 2011,6,company deposit,5,Company Law Settlement Scheme,5,COMPANY REGISTRATION,4,complusory payment of taxes,1,Composite rent,1,COMPOSITE SUPPLY,3,Composition scheme GST,15,Composition scheme service tax,2,compounding of offence,1,COMPUTER AS FAX MACHINE,1,computer sytem at ito office,1,CONCEPT PAPER,1,configure yahoo mail in outlook express,7,consolidate account statement,5,construction purchase of house,9,Consultancy Service,2,consumer loans,2,Consumer Price Index,2,consumer protection,1,continues services,1,CONTRIBUTION TO NEW PENSION SCHEME,10,CONTRIBUTORY PENSION FUND,3,CONVERT FIGURES INTO WORD EXCEL,8,COPARCENER,1,CORONA,8,CorpMcash,1,Corporate Social Responsibility,1,corporate tax,1,corporation bank,3,correction etds,10,CORRECTION IN PAN DATA,8,correction in section,4,CORRECTION RETURN,6,CORRECTION RETURN.ETDS,7,cost accounting,5,cost audit,6,cost inflation index,21,cost inflation index 2012-13,2,COST INFLATION INDEX FY 2010-11,1,COST INFLATION INDEX FY 2011-12,1,COST OF INDEXATION CALCULATOR,5,court case in entry tax punjab,2,covid-19,3,cpc phone number,6,cpf,7,Credit card,32,CREDIT CARD BILL PAYMENT ICICI BANK,6,credit scores,14,cricket team,1,critical illness,1,CROSSED DEMAND DRAFT,2,CRR,14,crr reducred,1,cryptocurrency,1,CS DIVESH GOYAL,69,CST,12,CST 3% OR 2 %,3,cst act 1956,1,cst form,6,CST FORM STATUS,1,cst rate changed,3,CST REDUCE RATE,4,ctt,3,currency,2,CURRENCY TRADING ILLEGAL,1,custom,4,custom changes in budget,18,cusual leave,1,DA MERGE,2,da rate,16,da rate 01.07.2012,4,da rate january 2013,4,da rate july 2012,3,da rate wef 01.01.2012,4,date extension,4,DDO ASK RENT RECIPT,1,ddt,4,dearness allowance,15,Debit card,11,DEBT EQUITY RATIO,1,debt funds,13,debt trap,3,declared goods,1,DEDUCTION 80C,6,deduction for higher studies,3,deduction on saving bank interst,2,deduction u/s 80DD,6,Deemed income of employee,1,deemed ownership,1,deemed services,1,defective return,4,defence officers,1,defence pay,1,defence pay scales,2,DELAY IN FILING,3,delete ledger in tally,1,DELHI HIGH COURT,11,demat,4,deposit tax of two quarter in single challan,3,depreciation,15,depreciation on car,3,depreciation on commercial vehicle.,2,DEPRECIATION ON INTANGIBLE ASSETS,3,depreciation rate,13,depreciation rate 2009-10,3,DETAIL AFTER E FILLING,1,DETAIL OF TIN,1,Determination of value,1,DIFFRENT TYPE OF TAXES,1,digital signature,10,din,4,direct payment in bank account,1,DIRECT SUBSIDY,10,direct tax bill,6,direct tax changes in budget,25,direct tax code,39,direct tax code 2009,6,dis,1,Disability insurance,4,discussion Paper,4,distribution of salary,2,dividend distribution tax,2,dividend striping,1,dnd,1,do not call.,1,document identification number,1,document ientification number,1,documents required for service tax registration,5,domestic transfer pricing,5,donation,3,dot,1,double taxation,1,dow jones,1,download,1,download 89(1) relief calculator,12,download direct tax code 2012,10,download form 16A,7,download fvu,28,download idfc INFRA BONDS FORM,1,draft reply,1,drawback rates,2,dtaa,4,dtc,10,DUE DATE AY 2010-11,2,due date ay 2011-12,3,due date extended,72,due date extended to 31.08.2012.,2,due date for service tax return,36,due date form 16,21,due date form 16a,10,due date June,2,due date march tax,11,due date of return 2008-09,3,due date pf esi,6,due date to deposit tds,15,DUE DATES,17,DUE DATES CALENDAR,8,DUE DATES CALENDER,9,DUE DATES INCOME TAX,23,DUE DATES SERVICE TAX,42,DUE FAMILY PENSION,1,DULICATE PAN,1,DUPLICATE TAN,5,dvat,8,e book Income Tax rules,3,e book on service tax,22,E ERA OF TAXES,1,e filing do and don'ts,7,e filing of audit report,10,e filing processing status,8,e filing software excel free,4,e filing through evc,10,e filing utilities,6,e mode for notice to shareholder,1,e notice to share holder,1,e payment of epf,5,E PAYMENT OF EXCISE DUTY,2,e payment of income tax,5,E PAYMENT OF SERVICE TAX,4,e payment of tds,8,E STAMP DUTY,1,e tutorial for TAN registration,3,E-1 FORM,1,E-1 SALE,6,e-commerce,1,E-FILE SERVICE TAX RETURN,18,e-Intermediary,1,e-payment from friends account,2,E-PAYMENT OF SERVICE TAX,9,e-payment of taxes,6,E-SEVA BY ICAI,4,e-TDS/TCS statements,2,E-WAY-BILL,15,earn from home,1,earned leave,2,Easy Exit Scheme,1,ebay,1,EBOOK,75,EBOOK ON SERVICE TAX,23,economic survey,9,economic survey 2010,3,economic survey 2011,2,economic survey 2012,1,Edible Oils,1,EDITABLE INCOME TAX FORM,1,education cess,6,EDUCATION LOAN,5,eet,4,EFFECTIVE DATE CST RATE REDUCTION,2,effective date of allowncs,2,efiling errors,5,efiling free,2,efiling income tax return,31,efiling of excise return,6,efiling registration problem,18,electric vehicle,1,Electricity act,2,ELECTRONIC FOREX TRADING,1,Electronic Gold 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date,9,ETDS FVU 3.1,3,ETDS PAYMENT,3,ETDS Q4 ANN II,3,etds retur with insufficient pan,2,etds return,25,ETDS RETURN DUE DATES,24,etds return less deduction of tax.,2,ETDS RTEURN SOFTWARE,2,etds software,5,etds without pan,5,etrip,1,Excel,11,EXCEL 280,2,excel add in,1,EXCEL CII,5,excel form 16,10,EXCEL SHORT CUTS,9,excel software,2,excell add in,4,EXCESS TDS,7,Exchange-traded fund,3,exci,1,excise,10,excise changes in budget,19,EXCISE FORMS,1,excise notification,2,Excise on branded goods,2,excise on utensils,1,excise rate reduced,4,EXCISE REGISTRATION,5,exclusion from capital asset,1,exempted capital gain,6,EXEMPTION GST,3,exemption limit increased,4,EXEMPTIONS IN FEW SERVICES,2,exice duty on new items,1,EXIDE CASE CALKUTTA HIGH COURT,2,EXPANSION OF EXISTING SERVICE,1,EXPLANATORY NOTES TO FINANCE ACT(2) 2009,1,export,21,EXTENSIBLE BUSINESS REPORTING LANGUAGE,1,extra level security in credit card,2,face book url,1,face book username,1,facebook,2,fake prize money,3,family 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switch,2,Job work,11,joint employment,1,joint name,4,judicial decision,1,karnataka high court case,5,key highlights,1,kisan vikas patar,4,KKC,3,KNOW ALL ABOUT TDS,1,KNOW PAN STRUCTURE,7,know the ip address of sender yahoo mail,3,KNOW YOUR,10,KNOW YOUR CST NUMBER,5,know your customer,6,KNOW YOUR DIVISION CODE,1,know your epf balance,12,know your ip address,1,KNOW YOUR LOCATION CODE,2,know your pan,28,know your pan address,2,KNOW YOUR PPF,12,know your refund status,20,KNOW YOUR REFUND STATUS ONLINE,10,KNOW YOUR SERVICE TAX NUMBER,9,know your tax deducted,2,know your tax deposited,2,KNOW YOUR TIN,8,KNOW YOUR VAT/TIN NUMBER,4,Krishi Kalyan Cess,15,krishu kalyan cess,1,KV Kamath,1,kvp,7,kyc,13,LAHMAN BROTHERS,1,land lord pan must,2,laptop,1,LARGE TRANSACTION,3,last date to deposit tds,1,LAST DATE TO FILE ETDS RETURNS,2,last date to file itr 2007-08 extended,1,late deposit of tds,2,LATE FILING OF ITR-V,20,late funishing of return,5,late payment of service tax,4,latest depreciation 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secrets,1,sugam,4,Suggestion on Budget-23,35,Sukanya Samriddhi Account,11,SUPREME COURT,2,SUPREME COURT RENT,7,sur name in pan,1,surcharge cess on tds,4,Surrender-Cancellation of Service Tax Registration,1,survey income tax,5,SWACHH BHARAT CESS,12,swiss bank,1,Systematic Investment Plan,6,tally 7.2,3,tally 9,5,tally easy,3,tally erp9,6,tally recycle bin,3,tally shortcut,10,tally simple,8,tally tips,5,TAN,3,TAN STRUCTURE,1,Tariff Value,1,Tax saving,4,tax accounting standards,4,TAX AMNESTY SCHEME,4,tax benefit from budget,2,TAX CALCULATION,4,TAX CALCULATION 2008-09,1,TAX CALCULATION FORMULA ADDIN EXCEL,2,TAX CALCULATOR,1,tax calculator 10-11,2,TAX CALCULATOR 2008-09,1,tax calculator 2010-11,2,tax calculator after budget 2011,1,tax calculator financial year 10-11,1,tax calculator fy 11-12,1,tax calculator income tax,1,tax collection,3,Tax credit,5,TAX DEDUCTED AT SOURCE CALCULATOR (TDS)2007-08,2,tax deducted at source return etds,3,Tax deduction,7,tax deduction at source chart,1,TAX 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SIMPLE TAX INDIA: Capital Gain Exemption on Sale of Agricultural land
Capital Gain Exemption on Sale of Agricultural land
SIMPLE TAX INDIA
https://www.simpletaxindia.net/2009/02/capital-gain-exemption-on-sale-of.html
https://www.simpletaxindia.net/
https://www.simpletaxindia.net/
https://www.simpletaxindia.net/2009/02/capital-gain-exemption-on-sale-of.html
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