Agricultural income in hands of huf

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Astaf Mansuri (Querist)
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13 February 2018 Dear Sir,

I have certain doubts for chargeability of Agricultural income in hands of HUF,

First - Agricultural land is owned by Individual and Agricultural income is shown in his IT return in previous years, Now HUF formed and he wants to consider all agricultural income under the head of HUF, can he do so even though the ownership of land is on name of Individual?

Second- If yes in above, then income earned by HUF from agricultural activity, can HUF give share to its member ? In such case member is labile to have tax on such share amount ?

Arpit

Arpit (Expert)
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13 February 2018 if the ownership of land is in the name of Individual then the income cannot be shown under the HUF.

Astaf Mansuri

Astaf Mansuri (Querist)
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13 February 2018 I have read somewhere that to earn Agri income ownership is not necessary !

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Arpit

Arpit (Expert)
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13 February 2018 As per Section 60, if the income is transferred without transferring the assets from which the income arises, then the said income is chargeable in the hands of transferor and shall be included in his total income