Agri land sale capital gains exemption

Dear Members of the Forum

I am writing to seek advice from experts on this forum on exemption from capital gains on sale of agriculture land. I am in the process of selling my agriculture land which is located in a very remote rural area and is classified as agriculture land. The property meets the descripttion of the Income Tax authorities as a rural agri land as per population, distance from town / municipality, etc. I have part teak and gooseberry plantation and I also cultivate field crops like blackgram in this land. All cultivation of teak, gooseberry and blackgram is under 20% of the total land and the remaining 80% of the agri land is vacant agri land only. I have also filed Income Tax returns disclosing agriculture income. I have the following queries

  1. What is the definition of agri land from an cultivation perspective for me to gain exemption from capital gains to avoid paying capital gains taxes or avoid re-investment in another agri land
  2. Will sale of agri land with commercial tree crops be exempted from capital gains
  3. Will tree crops like teak and gooseberry be counted as agri crop or treated as commercial tree crops
  4. Since I am currently involved in cultivation in only 20% of the total extent of land, will I get exemption from capital gains in case of sale for the entire 100% of the land or for only 20% of the utilised land

Shall appreciate hearing views from experts on this

Regards

P S Krishnan

Chennai

Replies (2)

If you have 7/12 extract then it will play important role for considering land as a agricultural land, it has records of crops which you have cultivated during a particular period

Plantation of teak in fields will not alter the nature of use of land , it will be treated as used for agricultural purpose

evenif land is cultivated by 20% only whole amount will be considered as sale from agri land only

Other viwes of members need to be considered

 

Dear Mr Rakesh, Thank you very much for your advice. Yes I have the village records extracts (7/12) for many years now. This is very useful advice

 

regards

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