Income tax on forfeiture of advance money

whether forfeiture of advance money relating to rural agricultural land is taxable or not..
Replies (3)
Quick Summary
This discussion clarifies whether forfeited advance money related to rural agricultural land is subject to income tax. The consensus is that it is taxable under the 'Income from other sources' head, specifically citing Section 56(2)(ix) of the Income Tax Act. This provision applies when advance payments for a capital asset are forfeited because the transfer negotiations do not conclude, although the nature of the asset as rural agricultural land may offer specific advantages.

Yes, taxable.                  

May I know the reason sir...

ITO may apply the provision in the act...

Provisions of Sec. 56(2)(ix) [applicable if advance money received and retained on or after 1.04.2014] Income from other sources. 56.(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), the following incomes, shall be chargeable to income-tax under the head “Income from other sources”, namely :— ix) any sum of money received as an advance or otherwise in the course of negotiations for transfer of a capital asset, if,— (a) such sum is forfeited; and (b) the negotiations do not result in transfer of such capital asset;

Though assessee can take advantage of the asset being rural agricultural land.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register