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Applicability of Sec. 50C, 56(2)(x), 56(2)(vii) for purchasing a Rural Agriculture land Under SDV ?

721 views 1 replies

Vipin Yadav

2 Points Posted on 29 August 2024

I am planning to purchase rural agricultural land (not a capital asset) with a stamp duty value (SDV) of ₹10 lakh, but the sale consideration is set at ₹5 lakh.
Can you please help me with following questions regarding this transaction:

1- Will Section 50C of the Income Tax Act be applicable in this case?
2- Are Sections 56(2)(x) and 56(2)(vii) relevant to this transaction? Will I have to pay tax under the "income from other sources" head under these sections for this transaction?
3- Is there any other section of the Income Tax Act that could apply to this transaction and potentially create a future tax liability for me?
4- Can I proceed with this transaction without worrying about future tax implications?

Thanks.

Replies (1)

Rama chary Rachakonda

Master in Accounts & high court Advocate

9615 Points Posted on 30 August 2024

1. Section 50C of the Income Tax Act: Not applicable, as the land is a rural agricultural land and not a capital asset. 2. Sections 56(2)(x) and 56(2)(vii): Potentially relevant, as the sale consideration (₹5 lakh) is less than the stamp duty value (₹10 lakh). You might need to pay tax under "income from other sources" for the difference (₹5 lakh). 3. Other relevant sections: Section 69 (unexplained receipts) and Section 69B (amount received without consideration or inadequate consideration) might be considered. However, if the transaction is genuine and properly documented, the risk is minimal. 4. Future tax implications: It's essential to ensure proper documentation, transparency, and reporting to minimize potential tax implications.