Capital gains on sale of agricultural land
This query is : Resolved
04 March 2016
My client is an individual. He is owner of agricultural land inherited from his father. Therefore his name appears in 7/12 extract of the said land. Later on he got his spouse and daughter's name added in 7/12 extract. On sale of the said land, the daughter is going to get share in sale proceeds. what is the applicability of capital gains in this scenario ? It will be applicable to the individual only or all three whose names are appearing in 7/12 i.e. individual, spouse and daughter ?
05 March 2016
To reply your query the below information is needed:
1. Whether the agricultural land situated in any urban area or provide the distance from nearest municipal limits and population of that municipality;
2. I am not aware of 7/12...I assume it is a part of revenue records....however, please clarify;
3. Is there any settlement / Gift deed transferring to spouse and daughter? Without such a document, how the title passes to his spouse and daughter?
1. Whether the agricultural land situated in any urban area or provide the distance from nearest municipal limits and population of that municipality;
2. I am not aware of 7/12...I assume it is a part of revenue records....however, please clarify;
3. Is there any settlement / Gift deed transferring to spouse and daughter? Without such a document, how the title passes to his spouse and daughter?
05 March 2016
Sir,
The question here is about relevance of names appearing in 7/12 extract only. Whether names appearing in 7/12 are all owners and eligibile to capital gains ?
The question here is about relevance of names appearing in 7/12 extract only. Whether names appearing in 7/12 are all owners and eligibile to capital gains ?
07 March 2016
As per the query, your client, his wife and daughter are owners of the piece of land under sale. On its sale, the sale proceeds are to be paid according to their respective ownership of the land. Refer provisions of section 49 to consider the cost to previous owner and also refer Veena J Shah's case law to take the benefit of indexation from date of holding of the capital asset by their ancestors.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Difference between Date of Payment and Date of Deduction?
- Unregistered suppliers utility
- Tax Audit Applicability – Newly Formed Partnership Firm with Profit Below 6%/8%
- ITDS U/S.194T of Firm
- GST Rate for Catering Services
- FCRA 6 E- Intimation
- Non-Compliance documents have not been submitted by the contractors debited
- EXPORT COMMERCIAL INVOICE HSN CODE
- URGENT-Eligible leaves being shown as 24 days for 3 years Articleship instead of 156 days in 108
- TDS ON EMAIL DOMAIN SERVICE BILL
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
- Experienced CA recommendation from Kolkata for FNO return filing
- Interest Reporting in Form 168
- Sales of goods of amount Rs77 lakhs to a party
- Tax Demand of ₹4,650 for AY 2026-27
- Concept of Vendor and customner reconciliation
- Mistake in e-invoice identified after 24 hours
- EXPORT PAYMENT
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
