Income on sale of agricuture land

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Respected Sirs,

1]One year back we have sold agricultural land in maharashtra (after 7 years) & invested the money 83% in purchase of residential property & 17% in purchase of agriculture land. The land which is purchased is not in municipal limit & population is also less than 10000. We have shown this sale and purchase in our IT return and so the tax on it was nil.

2]Now after more than one year but less than three years, we wanted to sale that agriculture land & invest it again in new agricutural land. This I think will be a short term capital gain.

3]Do we need to pay income tax on it even after investment in another agricultural land?

Please advice.



 

Replies (8)
Since new land is not a 'capital asset' as per the definition of capital asset given in the IT Act, sale of the land would not attract Capital Gains and the exemption would also not be withdrawn. No tax at all.

Dear BKRAMDASI

I have a question " whether the above mentioned agricultural land is used for agricultural purpose or not?"

Originally posted by : Naman
Since new land is not a 'capital asset' as per the definition of capital asset given in the IT Act, sale of the land would not attract Capital Gains and the exemption would also not be withdrawn. No tax at all.


Sorry Naman. I completely disagree.

If gain on sale of agricultual land invested in purchase of new one is exempt under section 54B.

In case still any confusion please refer case of CIT vs Gurnam SIngh.

Yes, we hv mango trees in it.

ok then u can claim deduction under sction 54B.

As per your information agricultural land not situated in rural area, so not a capital asset, so transfer of land is not taxable,so there is no need to claim deductions u/s 54b

Originally posted by : chaitanya

As per your information agricultural land not situated in rural area, so not a capital asset, so transfer of land is not taxable,so there is no need to claim deductions u/s 54b

AGREED.

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