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Capital gain tax on sale of ancestral agricultural land

Tax queries 4627 views 4 replies

My father & Uncle  inherited  agricultural land from my  Grandfather  & Grandmother  who expired in 1965 & 1975 respectively. Most  of it were held jointly  by my father and my  uncle, who is still alive, but my father expired in  1992.  These land parcels was registered  in the name of my uncle  and my expired father. Recently my Uncle and  I have  jointly sold off  this  property  and the same has  since been registered  in the buyers name. I had to produce  inheritance  &  relationship certificate  as only child of my expired  parents, to get the registration done. We have got a total value of Rs 12.8 Lakhs out of which my proportionate share is Rs 8.2  lakhs. Balance ancestral land was in my Uncle's single name and he has sold it directly.My bank account  shows a credit of Rs 12.8 Lakhs deposited in my account (in Kolkata) from the same bank branch in our  ancestral village  in my name. Out of this I have transferred Rs 4.6 Lakhs to my Uncles bank account.

What will be the Income Tax treatment  of this sale of agricultural land which was our joint ancestral property? There is  no HUF. The land is located in a village in West Bengal.

 

Replies (4)

If the land is situated in rural area, then no tax on capital gain.

Yes. It is in rural area. Thanks. But how do I show the income in ITR? Under which head. These deposits were above Rs 50000/- and would get reported by bank. I need to show it somewhere as income not taxable.

What I said is, as the agricultural land situated in rural area is not a capital asset, any gain arising on sale of such asset is not at all taxable. Similarly loss on a/c of sale of such land can also not be offset against taxable income. Hence, in this case, there is no need to show this in ITR I think.

Please note the definition of rural area (given below) and make sure it is outside the limits specified below:

Any area which is outside the jurisdiction of a municipality/cantonment board having a population of 10000 or more and which does not fall within distance (areal) given below:

2 km from the local limits of municipality/cantonment board if the population of the municipality/cantonment board is >10000 but not >1 lac

6 km from the local limits of municipality/cantonment board if the population of the municipality/cantonment board is >1 lac but not >10 lacs

8 km from the local limits of municipality/cantonment board if the population of the municipality/cantonment board is >10 lacs

* population according to the last preceding census, relevant figures of which have been published before the 1st day of the PY

Hi, 

     M new here and got some queries.. I hv a ancestral agricultural land within the muncipalty limit. I m planning to sell the land for around 1.5cr. So why will be the taxation for this land. This land is been gifted to my ancestors before 1.4.1981.. I hv no idea about its present market value as well as the value prior to 1.4.1981. Kindly assist me.


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