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sale of maturied trees in agricultural land

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Querist : Anonymous

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Querist : Anonymous (Querist)
27 September 2010 is sale of matured trees in the agricultural land can be treated as capital gain Or agricultural income ? If it treated as capital receipt in which section it will be claimed as exemption?
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CA Shailesh Kumar Bhagat

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CA Shailesh Kumar Bhagat (Expert)
27 September 2010 If the trees growing on land naturally and spontaneously and without intervention of human agency - the sale will not treated as agriculture income.

If tree was planted - Treated as agriculture income.

sale of plant is not a capital recipts, sinve this is not a capital assets.
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