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rahul (Querist)

15 December 2018 please tell me taxation of below transaction

sale of agriculture land (situated at Rural Area)
52,65,000/- as per stamp duty
21,00,000/- as per actual valuation

what is tax calculation above transaction

Purchase of agriculture land (situated at Rural Area)
52,65,000/- as per stamp duty
21,00,000/- as per actual valuation

what is tax calculation above transaction

Z (Expert)

17 December 2018 Rural agricultural land (in India) is not a capital asset, and hence the provisions of S.50C shall not be applicable. Therefore, actual consideration should be used for reporting purposes.

Kindly confirm that this is the case of agricultural land in India

(iii) agricultural land in India, means—

(a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand; or

(b) in any area within the distance, measured aerially,—

(I) not being more than two kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten thousand but not exceeding one lakh; or

(II) not being more than six kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than one lakh but not exceeding ten lakh; or

(III) not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten lakh.

Explanation.—For the purposes of this sub-clause, "population" means the population according to the last preceding census of which the relevant figures have been published before the first day of the previous year;

prateek63@yahoo.co.in

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