06 June 2013
One of my client has agricultural land.And he carries on agricultural activities on it.He also has few mango trees,orchids,etc.So if he sells mangoes,than is such income taxable?????
14 July 2024
Income from horticulture is generally considered agricultural income under Indian tax laws if it meets certain criteria. Here are the key points to understand:
### Taxability of Income from Horticulture:
1. **Agricultural Income Definition**: As per the Income Tax Act, agricultural income is defined as income derived from land used for agricultural purposes. This includes: - Revenue from the sale of crops grown on the land. - Income from orchards or plantations. - Income from nursery operations. - Income from the sale of produce grown on the land (fruits, vegetables, flowers, etc.).
2. **Tax Exemption**: Agricultural income is exempt from income tax under Section 10(1) of the Income Tax Act, 1961. This means that any income earned from horticulture, which qualifies as agricultural income, is not included in the total income of the taxpayer for income tax purposes.
3. **Conditions for Exemption**: To qualify as agricultural income: - The land must be used for agricultural purposes. - The income must arise from agricultural operations or activities directly related to agriculture. - Activities such as horticulture, floriculture, sericulture, etc., are considered agricultural in nature if they involve cultivation and commercial exploitation of plants and their products.
4. **Non-agricultural Operations**: If the income from horticulture includes processing, manufacturing, or other non-agricultural operations that change the character of the produce, such income may not qualify as agricultural income and could be taxable under regular income tax provisions applicable to business income.
### Tax Rate:
- Since agricultural income is exempt from income tax, there is no applicable tax rate on income that qualifies as agricultural under the definitions provided by the Income Tax Act.
### Documentation and Verification:
- It's important to maintain proper documentation and records to substantiate that the income derived from horticulture meets the criteria of agricultural income. - In case of any doubt or complexity, consulting with a tax advisor or chartered accountant can provide clarity on the tax treatment of specific types of income related to horticulture.
### Conclusion:
Income from horticulture is generally exempt from income tax in India if it meets the definition of agricultural income. This exemption is provided under Section 10(1) of the Income Tax Act. It's advisable to ensure compliance with all legal requirements and maintain proper documentation to substantiate the nature of income derived from horticulture.