Seciton 54b
This query is : Resolved
16 February 2013
Hii!!
I have a query: i hav a client who has capital gain form sale of agricultural land, now in order to claim deduction u/s 54B she has to show the agricultural income for 2 previous year; here her husband has the said agricultural income but the act says the assessee or her parents should hav agricultural income.
Now can any1 suggest me with reference to any cases to claim deducltion u/s 54B if her husband has agricultural income.
Plz reply if u hav some convincing answer :)
I have a query: i hav a client who has capital gain form sale of agricultural land, now in order to claim deduction u/s 54B she has to show the agricultural income for 2 previous year; here her husband has the said agricultural income but the act says the assessee or her parents should hav agricultural income.
Now can any1 suggest me with reference to any cases to claim deducltion u/s 54B if her husband has agricultural income.
Plz reply if u hav some convincing answer :)
CA PARAS BAFNA
(Expert)
17 February 2013
Section 54B is silent about ownership as well as earning of income.
.
It is sufficient if it can be proved that the land was being used by the assessee for agriculture purpose directly by her self or
she was carrying such operation through her husband.
.
Her husband might have earned the income on sharing basis with her.
.
It is not required for her to file the return and show Agriculture Income in it as her source of income is only Agriculture income.
.
54 B can be claimed.
.
Section 54B is silent about ownership as well as earning of income.
.
It is sufficient if it can be proved that the land was being used by the assessee for agriculture purpose directly by her self or
she was carrying such operation through her husband.
.
Her husband might have earned the income on sharing basis with her.
.
It is not required for her to file the return and show Agriculture Income in it as her source of income is only Agriculture income.
.
54 B can be claimed.
.
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