One of the farmer (Land Owner) has sold his agricultural land which was situated within the limits of Municipal Corporation to a Builder for a monetary consideration of Rs.1,10,00,000. On the said land another person was having unauthorized possession. To clear this unauthorized possession builder also made payment of Rs.40,00,000 to that other person and also deducted TDS u/s 194IA. In this case whether amount of Rs.40,00,000 received by that other person will be taxable as Capital Gain? If yes can any exemption be claimed against it?
