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Agriculture income

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(Querist)
07 December 2011 one of my client has produced a notaried (Notary)affidavit , in which his brother gives him Rs 2,50,000 from 2008 as a part or share of his agriculture income out of 30 acres of land
they are all living in joint family.
Can i consider it is an agriculture income ?
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Ca Aashish Upadhyay

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Ca Aashish Upadhyay (Expert)
07 December 2011 Dear Santosh

From the information you have provided, it appears that instead of taking it as agricultural Income you may take it as Gift. Since transfer of Income without transfer of property will be taxed in the hands of the person who have earned it. If the property is divided in family partition only than you may take the Income in the hands of your client.
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Ca Aashish Upadhyay

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Ca Aashish Upadhyay (Expert)
07 December 2011 Dear Santosh

From the information you have provided, it appears that instead of taking it as agricultural Income you may take it as Gift. Since transfer of Income without transfer of property will be taxed in the hands of the person who have earned it. If the property is divided in family partition only than you may take the Income in the hands of your client.
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Hari Beldona

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Hari Beldona (Expert)
07 December 2011 Is that 30 acres land belongs to your client's brother or belongs to your client's HUF
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santhosh

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santhosh (Querist)
08 December 2011 Not HUF Its belongs to his brother
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