Regarding sale of land
This query is : Resolved
Divyesh Ajmera
(Querist)
03 March 2025
• The agriculture land was purchased in FY 2005.
• It was converted to non-agricultural land in FY 2014.
• It was shown as an investment in the 2016-17 ITR
• After 2016-17, ITR 4 has been filed, meaning no balance sheet has been uploaded.
• Other land and plot sold and shown as business income in FY 2021-22 and FY 2022-23
• Some of the sub-plot sold (from converted non agriculture land in 2014) shown as capital gains in FY 2023-24. Remaining sub –plots sold in FY 2024-25 with sales consideration of approximately 5,00,00,000/-.
• The crucial question is whether the 2024-25 sale should be treated as a capital gain or business income.
• Can Section 54F be claimed.
•
• It was converted to non-agricultural land in FY 2014.
• It was shown as an investment in the 2016-17 ITR
• After 2016-17, ITR 4 has been filed, meaning no balance sheet has been uploaded.
• Other land and plot sold and shown as business income in FY 2021-22 and FY 2022-23
• Some of the sub-plot sold (from converted non agriculture land in 2014) shown as capital gains in FY 2023-24. Remaining sub –plots sold in FY 2024-25 with sales consideration of approximately 5,00,00,000/-.
• The crucial question is whether the 2024-25 sale should be treated as a capital gain or business income.
• Can Section 54F be claimed.
•
04 March 2025
If the land was transferred to business, capital gain would not occur on such PGBP income, but it will be treated as profit. As such exemption u/s 54F cannot be claimed over business income.
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