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Barren Land


ADARSH JAIN   02 November 2019

ADARSH JAIN

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Is sale of barren land which is out of municipal limits taxable as captial gains or not?

avater

Dhirajlal Rambhia (KVO Merau Kutchh)     02 November 2019

Dhirajlal Rambhia
KVO Merau Kutchh 
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No clear cut solution.

Generally Assessing officer will assess it as taxable gains.

Various courts have different judgements over the issue. So, it differs from case to case.

In the case Commissioner of Income-tax Vs. Sashiben [2007] 288 ITR 319 (Guj) where in it was held that: “if the land is recorded as agricultural, it would continue to be agricultural land. If the land is so recorded and it has not been put to any other use by the holder/owner of the land and even I it remains barren or uncultivated for some time and even grass is raised on the land, it would continue to be agricultural land.”

Read more at: https://www.caclubindia.com/forum/capital-gains-on-barren-land--38299.asp
In the case Commissioner of Income-tax Vs. Sashiben [2007] 288 ITR 319 (Guj) where in it was held that: “if the land is recorded as agricultural, it would continue to be agricultural land. If the land is so recorded and it has not been put to any other use by the holder/owner of the land and even I it remains barren or uncultivated for some time and even grass is raised on the land, it would continue to be agricultural land.”

Read more at: https://www.caclubindia.com/forum/capital-gains-on-barren-land--38299.asp
would like to add to the matter discussed herein. In the case Commissioner of Income-tax Vs. Sashiben [2007] 288 ITR 319 (Guj) where in it was held that: “if the land is recorded as agricultural, it would continue to be agricultural land. If the land is so recorded and it has not been put to any other use by the holder/owner of the land and even I it remains barren or uncultivated for some time and even grass is raised on the land, it would continue to be agricultural land.”

Read more at: https://www.caclubindia.com/forum/capital-gains-on-barren-land--38299.asp
would like to add to the matter discussed herein. In the case Commissioner of Income-tax Vs. Sashiben [2007] 288 ITR 319 (Guj) where in it was held that: “if the land is recorded as agricultural, it would continue to be agricultural land. If the land is so recorded and it has not been put to any other use by the holder/owner of the land and even I it remains barren or uncultivated for some time and even grass is raised on the land, it would continue to be agricultural land.”

Read more at: https://www.caclubindia.com/forum/capital-gains-on-barren-land--38299.asp

As a thumb rule, if the land had ever been cultivated by seller, anytime during its holding, and if  revenue record it is not recorded as 'NA LAND'; you have quite better chances...

For some more clarification refer ...

https://www.caclubindia.com/forum/capital-gains-on-barren-land--38299.asp

&/or https://indiankanoon.org/doc/1323891/

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rama krishnan   03 November 2019

rama krishnan

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As stated by Mr. rambhia ,there are different rulings by different courts. however the act is clear that where any income derived from agricultural land is exempt. in my opinion if the land is not agricultural then gains derived from its sale is chargeable to tax

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ADARSH JAIN   03 November 2019

ADARSH JAIN

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Thank you so much sir

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