EXPERT
281 Points
Posted on 15 March 2013
Agriculture land which has been used by assessee himself or by his parents for agriculture purposes during last 2 yrs of transfer
so he can take exemption u/s 54 b
However there is a loophole in this section
by buying rural agriculture land, we have to not satisfyng the condition of 3 yrs since
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If the new agriculture land is transferred with in a period of 3years
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Sale consideration of new land
Less; cost of acquisition(original cost of new
Minus exemption given under sec-54B
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××××××
××××××
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Short term capital gain
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××××××
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But as per section 2(14) , Rural Agriculture land is not a capital asset
The above provisions are well planned to encourage investment in agricultural land in rural areas so as to enable and smoothen the process of economic growth but the fact that capital gains arising from the sale of agricultural land is exempt if the new land so purchased is situated in the areas specified in the section 2(14)(iii). This gives the assessee the leverage to purchase agricultural land from the taxable capital gains but not hold it for the intended period of time. Rather, the assessee can very well sell the property in a few days without bothering about the tax liability as the new capital gain is exempt under the act.