Sale of rural agriculture land

Tax queries 394 views 12 replies

My uncle had a rural agriculture land and he sold such land for Rs.62,00,000/- in py.2014-15 ay 2015-16. He showed such sale under exempt income as sale of rural agriculture land is exempt since it is not a capital asset. The land was use for agricultural purpose and accordingle 7/12 was there, however in the currentht year he got a notice u/s 142(2) for scrutinee assesseement , he sold the land to farmer ho converted the land into N.A and used such land for real estate pupose.

the assessing officer is treating such sale as ":Adventure in the nature of trade" 

however asseseee got such land from ancestors and sold such land as agriculture land

is the contention of A.o is right?

Replies (12)

Was land conveyed to the farmer(purchaser) before conversion? or only agreement was made?

sale of agri land is exempted only if proceeds from such sale is invested in another land within a period of 2 years....or else you have to pay cg tax
Yes the purchaser is also a farmer but he converted the land for real estate purpose
but sale of rural agri land is fully exempted
Ashwin kumarji the provision you said is for urban agricultural land and case is for rural agricultural land which is not a capital asset
Yes, i am also of the view that it is exempt but the a.o is treating it as adventure in the nature of trade
Originally posted by : ravi thanvi
Yes the purchaser is also a farmer but he converted the land for real estate purpose

If conversion took place before conveyance of agricultural land.......... the agreement can help you in such situation......

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the purchaser was farmer and 7/12 of both the person is attached with sale deed

at the time of sale land was fully rural agriculture land as per the income tax but after purchase the purchased made land N A 

i think if agri land is sold and agriculture is carried on after sales then it is not taxable....if the same has been used for other purpose than agriculture then the same is taxable.......

rural agriculture land is not a capital asset and hence no capital gain can arise. the condition u explained is relating to urban agriculture land


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