Captial gain on gift of non agricultural land

460 views 3 replies

Hello All,

My mother has purchased an agricultural land in 1990 now it is within 2km of the corporation limits. We are planning to convert the agricultural land to non agricultural land. Will there be any capital gains if my mother gifts part of the land to me after conversion.

Thanks in advance,

Ranjan

 

Replies (3)

Dear Ranjan,

 

Go through the following -

 

There is no specific provision to find out the cost of such converted non-agricultural land. Hence, the cost of agricultural land would be the cost of non-agricultural land.

 

A conjoint reading of sections 2(42A), 47(iii), 49(1) and 55(2) of the Act suggests that, in law, no "transfer" of a "capital asset" is considered to take place on inheritance and succession. The liability for capital gain arises only when the capital asset is actually transferred by the successor. It is only when the ultimate successor transfers the capital asset for a consideration, the capital gains are assessed to tax.

 

As you get the land as gift ( not paying any consideration ) the question of capital gain shall not arise.

Ranjan,

 

Gift received from relative is exempt from tax and the question of capital gain doesnt arises.

 

Hope you get your answer.

Gift received from Relative is exempt from taxation

as for capital gains..as the property is a gift it is not considered as transfer. so No capital gain

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 08 July 2026
Articles

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details