If a LLP is engaged in Polyhouse farming, whether it will be treated as agriculture income or not, and whether GST is applicable on sale of such products ?
Great question, Moti! Here's a clear breakdown regarding Polyhouse farming income and GST applicability for an LLP:
1. Is income from Polyhouse farming considered agricultural income?
Agricultural income as per the Income Tax Act (Section 2(1A)) includes income derived from agricultural land, such as rent or revenue, and income from agricultural operations.
Polyhouse farming involves controlled environment agriculture — growing crops under a protective structure (polyhouse) often on leased or owned land.
Courts and CBDT have held that if the farming activity involves cultivation of plants or crops on agricultural land, it is considered agricultural income.
So, if the LLP’s polyhouse farming is genuine cultivation on agricultural land, the income is agricultural income and thus exempt from income tax.
However, if the LLP is engaged in activities beyond cultivation (like processing, trading), that income may be taxable as business income.
2. Is GST applicable on sale of polyhouse produce?
Under GST, agricultural produce in its natural state is exempt from GST.
But sale of produce after some processing or value addition may attract GST.
For polyhouse produce:
If the produce is sold in natural form (like fresh vegetables, fruits) — generally GST is not applicable.
If the produce is processed or packed, GST may apply.
Additionally, if the LLP is registered under GST and turnover crosses threshold limits, they must comply with GST registration and filing, but on exempt supplies.
Summary:
Aspect
Tax Treatment
Polyhouse income
Agricultural income (if genuine cultivation on agri land) — exempt under Income Tax Act
GST on sale
Exempt if natural agricultural produce; otherwise GST applicable on processed goods
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