Manager - Finance & Accounts
58504 Points
Joined June 2010
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 |