Lease of agriculture land

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Sunil (Querist)

17 August 2009 i have agriculture landat present. i have also taken agriculture land from other farmers on lease for three yeras. the are mango trees grown on these leased land. can i show the income from mango trees from these leased agriculture land as income from agriculture

Sunil

Sunil (Querist)

27 August 2009 give supporting case laws if any

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)

02 August 2024 Income from leasing agricultural land, including income from crops like mangoes grown on such leased land, can indeed be classified as agricultural income under certain conditions. Here's how it works:

### **Income Classification for Agricultural Land**

1. **Income from Agriculture:**
- **Definition:** Agricultural income, as defined by the Income Tax Act, 1961, includes any income derived from land situated in India and used for agricultural purposes. This includes income from the cultivation of crops, including fruits like mangoes.
- **Conditions:** For the income to be classified as agricultural income, the land must be used for agricultural activities, and the income should be derived directly from these activities.

2. **Leased Agricultural Land:**
- **Income from Leased Land:** If you have leased agricultural land from other farmers and are earning income from cultivating crops like mangoes on that land, this income is generally considered agricultural income.
- **Tax Treatment:** Income from such activities is subject to the same rules as income from owned agricultural land. It is exempt from tax under Section 10(1) of the Income Tax Act, 1961, provided it meets the definition of agricultural income.

### **Supporting Case Laws**

While the Income Tax Act does not provide specific case laws for leased land income directly, the principles established by various judicial decisions can be applied:

1. **Supreme Court Ruling:**
- **Case:** **CIT vs. Raja Bahadur Visheshwara Singh [1959] 35 ITR 514 (SC)**
- **Summary:** The Supreme Court held that income derived from the cultivation of crops on agricultural land, including income from leased land, qualifies as agricultural income if it meets the criteria set out in the Income Tax Act.

2. **High Court Rulings:**
- **Case:** **CIT vs. Venkateshwara Rao [1986] 159 ITR 88 (AP)**
- **Summary:** The Andhra Pradesh High Court ruled that income from agricultural operations, even if the land is leased, is considered agricultural income.

- **Case:** **CIT vs. Smt. V. K. K. Nadar [2001] 252 ITR 453 (Mad)**
- **Summary:** The Madras High Court upheld that agricultural income includes income from lands leased for cultivation purposes, provided the income is derived from the agricultural activities on such lands.

### **Practical Considerations**

- **Lease Agreement:** Ensure that the lease agreement specifies the agricultural use of the land and supports your claim that the income is derived from agricultural activities.
- **Documentation:** Maintain proper records of the lease agreement, income generated from the cultivation of mangoes, and any expenses incurred related to farming activities.
- **Consultation:** It’s advisable to consult with a tax professional to ensure compliance with tax regulations and accurate reporting of agricultural income.

### **Summary**

Income from mangoes grown on leased agricultural land can be considered agricultural income, provided the land is used for cultivation and the income is derived directly from these activities. The principles from various case laws support the inclusion of income from leased agricultural land as agricultural income, subject to meeting the conditions laid out in the Income Tax Act.

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