17 March 2009
In order to qualify for "Agriculture land in India", it is not necessary that land was once agri. land. It must be agri-land at the time of sale. Where land is under agriculture operation at the time of sale it is taken 'agri-land'.
Factor to be considered while determining whether a particular land is agriculture land or not:-
1. Whether land is classified as agri-land in the revenue record and it was subject to the payment of land revenue.
2. whether land was actually used for agriculture purpose or not.
3. There are also some more points which are also taken into considerations.
All these factors would be present or absent in any case. In each case one or more of these factors may make appearance and ultimate decision will have to be reached on a balanced consideration of the totality of the circumstances.
17 March 2009
Sec 54 - No benefit available. 54B - Only on the sale of agri-land. 54F - Any long term capital assets other than house property. 54EC - Any long term capital asset.
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