MAT of Profit from Rural land acquisition
This query is : Resolved
05 November 2021
Profit from Acquisition by NHAI of Rural agricultural land of an Assessee does not attract income tax under Section 96 of the RFCTLARR Act . But when the assessee is a Corporate Entity will it be liable to pay Minimum Alternate Tax on the Sale Consideration received or will it be still exempt.
05 November 2021
An item of income that is otherwise exempt under the normal provisions of the Act would be liable to MAT unless specifically excluded in computing the book profit. ... Rain Commodities Ltd. vs. DCIT (ITA No. 673/Hyd/2009)
05 November 2021
In an earlier ruling in CIT vs Veekaylal Investment Company Pvt. Ltd. [2001] 249 ITR 597, the Bombay High Court held that book profit under section 115J was to be computed in accordance with the provisions of Schedule VI of the Cos. Act, which essentially required disclosure of credits or receipts and debits or expenses in respect of non-recurring transactions or transactions of an exceptional nature. Consequentially, long term capital gains were held to be included for the purposes of computing the book profit.
05 November 2021
Kindly refer to point 3 of the circular below and suggest whether compensation received on account of compulsory acquisition of rural agricultural land by the government from an assessee being a company will attract the provisions of MAT as per Income Tax Act.?
CBDT’s Circular No. 36 of 2016, Dated: 25.10.2016 [F.No. 225/S8/2016-ITA.II]
Subject: Taxability of the compensation received by the land owners for the land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘RFCTLAAR Act’) – regarding
Under the existing provisions of the Income-tax Act 1961 (‘the Act’), an agricultural land which is not situated in specified urban area, is not regarded as a capital asset Hence, capital gains arising from the transfer (including compulsory acquisition] of such agricultural land is not taxable. Finance (No, 2] Act, 2004 inserted section 10(37) in the Act from 01.04.2005 to provide specific exemption to the capital gains arising to an Individual or a HUF from compulsory acquisition of an agricultural land situated in specified urban limit, subject to fulfilment of certain conditions. Therefore, compensation received from compulsory acquisition of an agricultural land is not taxable under the Act (subject to fulfilment of certain conditions for specified urban land).
2. The RFCTLARR Act which came into effect from 1st January, 2014, in section 96, inter alia provides that income-tax shall not be levied on any award or agreement made [except those made under section 46) under the RFCTLARR Act Therefore, compensation received for compulsory acquisition of land under the RFCTLARR Act (except those made under section 46 of RFCTLARR Act), is exempted from the levy of income-tax.
3. As no distinction has been made between compensation received for compulsory acquisition of agricultural land and non-agricultural land in the matter of providing exemption from income-tax under the RFCTLARR Act, the exemption provided under section 96 of the RFCTLARR Act is wider in scope than the tax-exemption provided under the existing provisions of Income-tax Act, 1961. This has created uncertainty in the matter of taxability of compensation received on compulsory acquisition of land, especially those relating to acquisition of non-agricultural land. The matter has been examined by the Board and it is hereby clarified that compensation received in respect of award or agreement which has been exempted from levy of income-tax vide section 96 of the RFCTLARR Act shall also not be taxable under the provisions of income-tax Act, 1961 even if there is no specific provision of exemption for such compensation in the Income-tax Act, 1961.
CBDT’s Circular No. 36 of 2016, Dated: 25.10.2016 [F.No. 225/S8/2016-ITA.II]
Subject: Taxability of the compensation received by the land owners for the land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘RFCTLAAR Act’) – regarding
Under the existing provisions of the Income-tax Act 1961 (‘the Act’), an agricultural land which is not situated in specified urban area, is not regarded as a capital asset Hence, capital gains arising from the transfer (including compulsory acquisition] of such agricultural land is not taxable. Finance (No, 2] Act, 2004 inserted section 10(37) in the Act from 01.04.2005 to provide specific exemption to the capital gains arising to an Individual or a HUF from compulsory acquisition of an agricultural land situated in specified urban limit, subject to fulfilment of certain conditions. Therefore, compensation received from compulsory acquisition of an agricultural land is not taxable under the Act (subject to fulfilment of certain conditions for specified urban land).
2. The RFCTLARR Act which came into effect from 1st January, 2014, in section 96, inter alia provides that income-tax shall not be levied on any award or agreement made [except those made under section 46) under the RFCTLARR Act Therefore, compensation received for compulsory acquisition of land under the RFCTLARR Act (except those made under section 46 of RFCTLARR Act), is exempted from the levy of income-tax.
3. As no distinction has been made between compensation received for compulsory acquisition of agricultural land and non-agricultural land in the matter of providing exemption from income-tax under the RFCTLARR Act, the exemption provided under section 96 of the RFCTLARR Act is wider in scope than the tax-exemption provided under the existing provisions of Income-tax Act, 1961. This has created uncertainty in the matter of taxability of compensation received on compulsory acquisition of land, especially those relating to acquisition of non-agricultural land. The matter has been examined by the Board and it is hereby clarified that compensation received in respect of award or agreement which has been exempted from levy of income-tax vide section 96 of the RFCTLARR Act shall also not be taxable under the provisions of income-tax Act, 1961 even if there is no specific provision of exemption for such compensation in the Income-tax Act, 1961.
05 November 2021
As per plain reading, it exempts the capital gain; but not MAT liability.
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
- EXEMPTION UNDER SECTION 54 FOR UNDER CONSTRUCTION FLAT
- ITR-3 ignores Section 211 (1) (b) for Professionals u/s 44ADA
- Upload Level Validation Error
- How to add NRE account to income tax profile?
- Deduction for HUF
- Nill TDS Return FY 2025-26
- Salary u/s 194C
- ERROR IN ITR3
- Rectification of error U/s 154
- ALIMONY AND MAINTENANCE CHARGES
- Error: SCHEDULE80U_F10IA_2025_004 -
- Sale of foreign shares in Indian Rupees - FEMA rules
- Calculate Tax Liability of Sharmila
- Document to add trade name
- GST Partners addition
- Non-disclosure of Foreign Shares & Dividend in Past ITRs – How to Rectify & Report Now?
- ICWAI-Final best coaching center for online by English
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
- Refund_ Insufficient in credit ledger
- EPF Withdrawal Where to show in ITR2
Trending Online Classes
-
Input Tax Credit, GST refunds and Recovery of refunds- Roadblocks and way outs
CA Nipun Arora03 September 2025 -
GST LIVE Certification Course - 43rd Weekdays Batch(With Govt Certificate)
Industry Expert15 September 2025
CAclubindia
