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capital gain is imposed on such land or not

Others 834 views 7 replies
If agriculture land situated in gram panchayat which is 2 kms away from gram panchayt and 2.5 kms away from muncipal border of the city and the population of city 140000 but the population of gram panchayat is less then 10000 which population is taken in consideration by income tax city or gram panchayat and on these land capital gain is imposed or not and from were the distance is measured of the land from centre point of the city or border of the city which is ruled my muncipality
Replies (7)
Population of city (municipality) will be considered and Agriculture Land in your case is a Capital asset. Gain on transfer of land will liable for Capital gain tax.
However, exemption will be granted under Section 54B on fulfilment of conditions specified thereunder.
under which condition in section 54b exemption granted and they have leived penalty on the amount of capital gain under section 234 a and b these also to be paid or not and under 271 how much penalty will be fined

Capital Gains on transfer of agricultural land [Section 54B]

Eligible assessee – Individual & HUF

Conditions to be fulfilled

1.There should be a transfer of urban agricultural land.

2.Such land must have been used for agricultural purposes by the assessee, being an individual or his parent, or a HUF in the 2 immediately preceding years.

3. He should purchase another agricultural land (urban or rural) within 2 years from the date of transfer.

Quantum of exemption

• If cost of new agricultural land ≥ capital gains, entire capital gains is exempt.

• If cost of new agricultural land

If construct house is purchased after 1 and half year but these is after first income tax return filled but the amount is less then capital gain
If construct house is purchased after 1 or 1 and half year but these is after income tax return filled for the year of sale of land but the amount is less then capital gain then how to deal with these condition

If you purchased a house, then exemption will allowed under section 54F of the Act.

Provided Capital gain is Long ter capital gain on transfer of long term capital Asset.

Capital gains in cases of investment in residential house [Section 54F]
Eligible assessees: Individuals / HUFs

Conditions to be fulfilled • There must be transfer of a long-term capital asset, not being a residential house.
• Transfer of plot of land is also eligible for exemption
• The assessee should -
♦ Purchase one residential house situated in India within a period of 1 year before or 2 years after the date of transfer; or
♦ Construct one residential house in India within 3 years from the date of transfer.
• The assessee should not own more than one residential house on the date of transfer.
• The assessee should not –
♦ purchase any other residential house within a period of 2 year or
♦ construct any other residential house within a period of 3 years
from the date of transfer of the original asset.

 

Quantum of exemption
• If cost of new residential house ≥ Net sale consideration of original asset, entire capital gains is exempt.
• If cost of new residential house < Net sale consideration of original asset, only proportionate capital gains is exempt i.e.
LTCGXAmount invested in new residential house/Net sale consideration

Suppose a person having unproductive land (Banjar Bhoomi) in his native and that land is coming under Grampanchayat..very old land and now he want to sell , so is he eligible for capital gain tax. kindly reply with proper suggestion


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