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Sale of non agriculture land

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02 April 2015 Hello friends...

One of my relative has agriculture land in rural area since 1971 of Rs. 1500/-. Now he sold this land after converting from AGRICULTURE LAND to NON AGRICULTURE LAND in 2014-15.

Now which section attract to this transaction and please suggest me better option to reduce capital gain if levied?

02 April 2015 when did he convert to non agriculture land

02 April 2015 converted in 2014-15




02 April 2015 The conversion of rural agricultural land to non agricultural land will not be taxable as it is exempted u/s 10(1). The sale of non agricultural land will attract Short term capital gain as the holding period is less than 3 years. And you can not get exemption from STCG

02 April 2015 conversion date is required to find the holding of non agricultural land and its held for less then 36 months hence it will taxed as stcg with no exemption available.

02 April 2015 Thanx Mohit Sir and Sampat Sir...

But sir, conversion from agriculture to non agriculture is deemed to be transfer? where the owner is a same person?

shall we treat that a long term capital gain as assessee hold that land for more than 3 years?

02 April 2015 no, for transfer refer sec 2(47) there is no transfer as transfer is in relation to owners and not the status of capital asset.

and is if its converted to non agric in 2014-15 then u have sold also in 2014-15 so as non agri it was held for less then 36 months hence it is stcg and not ltcg....


hope all is clear now

03 April 2015 thank u sir, but one last question...

In this case assessee convert from agriculture land to non agriculture and very next day he sale this land to purchaser...

now what is the purchase value or cost of acquisition for stcg?




03 April 2015 cost of acquisition would be the FMV of the land on the date of conversion

03 April 2015 thank you sir...
it means there is no stcg...right sir...

03 April 2015 there will be.
If the sale consideration is more than the FMV of the asset then profit would be taxable as stcg

03 April 2015 Final conclusion is it is taxable as stcg only.




03 April 2015 ok...thank you.... thank you..very very much sirs...

03 April 2015 you are welcome hetvi...........



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