LONG TERM CAPITAL GAIN

Dear experts,

To determine urban agriculture land---Municipal Corporation means any municipal corporation or the city where assess is residing. I mean, if a land is 9 kms far from the municipal corporation where assessee resides and 6 kms far from another municipal corporation. Will land be determined as agriculture land???

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Quick Summary
This discussion explores whether agricultural land located between two municipal corporations qualifies as urban land for long-term capital gains (LTCG) tax purposes. The key factor is the distance to the nearest municipal corporation and its population. If the land is within specific distances defined by the municipality's population (2km for 10k-100k, 6km for 100k-1M, 8km for over 1M), it's considered urban, and gains from its sale are taxable. The advice suggests the land sale might be exempt only if the closer municipality has a population under 1 lakh.

In my opinion nearest municipal corporation to be considered for determining the distance

If land determined on the basis of nearest municipal corporation, it is urban agriculture land. If LTCG arisen on transfer of said land, will it be exempted from income tax???

As per definition of capital asset being agricultural land other than rural is considered a Capital Asset and hence LTCG/STCG will arise on transfer of the same.

Your query relates to agricultural land which lies between 2 municipalities as under: (a) 9 km from limits of municipality where assessee resides & (b) 6 km from limits of another municipality. Your query is incomplete since it is silent on population of these municipalities. Sec 2 (14) says that agricultural land shall be taxable if it lies within following areal distances: (a) 2 km if population of municipality is between 10,000 & 1 Lakh (b) 6 km if population of municipality is between 1 Lakh & 10 Lakhs & (c) 8 km if population of municipality exceeds 10 Lakhs. Based on your info, your agricultural land sale shall be exempt from capital gains only if population of 2nd municipality (other than where he resides) is less than 1 Lakh. 

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