Sale of sand of agriculture land

If the sand of agriculture land is sale out, will it be taxable? if yes under which section?
Replies (5)
Quick Summary
The taxability of selling sand extracted from agricultural land in India is complex. While agricultural income itself is often exempt, the sale of sand may be treated as business income or income from other sources, depending on the specific circumstances. Section 54B offers capital gains tax exemption for transferring urban agricultural land, but this may not directly apply to the sale of sand itself. It's advisable to consult case law and professional advice for clarity.

Pls explain
The exemption u/s 54B is available regarding capital gains arising from the transfer of agricultural land. This exemption is available when capital gain arises from the sale of urban agricultural land. The exemption under section 54B is available only to individuals and HUF

this is not sale of agricultural land as incorrectly suggested above.  The sale of soil will be taxable as either business income or income from other sources depending on the facts of the case. 

You can refer: 

Income Tax Appellate Tribunal - Chandigarh

Sh, Amarjeet Singh, Ambala vs Assessee on 17 September, 2014

Dear megha Aggarwal ,

As per the current Income Tax rules in India, the sale of sand on agricultural land is considered as a non-taxable transaction. This is because agricultural income is exempt from income tax under the Income Tax Act.

However, if the sale of sand is considered as a business activity carried out on agricultural land and not as a part of agricultural operations, it may be subject to tax. In such cases, the income generated from the sale of sand would be taxable under the head 'Income from business or profession'.

please read the case laws before advising. 

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