exemption u/s 54B

This query is : Resolved

hitesh sharma (Querist)
Follow

07 December 2010 if there is conversion of agricultural land into stock in trade, Now it will be taxed as capital gain u/s 45(2). now the question is, whether exemption u/s 54B will be available towards Capital Gain u/s 45(2)??

Rajesh Kumar

Rajesh Kumar (Expert)
Follow

07 December 2010 No. Benefit of 54B is not available.

hitesh sharma

hitesh sharma (Querist)
Follow

08 December 2010 Why?? is any case laws coz 54b talks abot conversion

Upgrade to CAclubindia Pro. Subscribe Now!

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
Follow

21 July 2024 Section 54B of the Income Tax Act, 1961 provides for an exemption from capital gains tax if agricultural land is sold and the proceeds are reinvested in another agricultural land. Let's address your query regarding the applicability of Section 54B to capital gains arising from the conversion of agricultural land into stock-in-trade, taxed under Section 45(2):

### Understanding Section 54B:

1. **Exemption Criteria**:
- Section 54B allows exemption if capital gains arise from the transfer of agricultural land (which is used by the taxpayer or their parent for agricultural purposes).
- The exemption can be claimed if the capital gains are reinvested in purchasing another agricultural land within the specified timeframe.

2. **Conversion of Agricultural Land into Stock-in-Trade**:
- If agricultural land is converted into stock-in-trade (for example, for real estate development or any commercial purpose), the resultant gains would be taxed under Section 45(2) as capital gains arising from transfer.
- The conversion changes the nature of the asset from agricultural land to stock-in-trade.

### Applicability of Section 54B:

1. **Nature of Exemption**:
- Section 54B specifically mentions exemption from capital gains tax on the transfer of agricultural land and reinvestment in another agricultural land.
- It does not cover exemptions for gains arising from the transfer of assets other than agricultural land used for agricultural purposes.

2. **Capital Gains under Section 45(2)**:
- Capital gains arising from the conversion of agricultural land into stock-in-trade are treated differently under Section 45(2).
- Since Section 54B applies specifically to gains from the transfer of agricultural land and not to gains arising from the transfer of any other type of asset, including stock-in-trade, it cannot be applied to exempt capital gains arising under Section 45(2).

### Conclusion:

In summary, exemption under Section 54B is not available for capital gains arising from the conversion of agricultural land into stock-in-trade, which are taxed under Section 45(2). Section 54B applies specifically to gains from the transfer of agricultural land used for agricultural purposes and reinvested in another agricultural land. For gains arising from the conversion of agricultural land into stock-in-trade, taxpayers would need to explore other provisions of the Income Tax Act for possible exemptions or deductions, depending on the nature of the investment or reinvestment. It's advisable to consult with a tax advisor or chartered accountant for specific advice tailored to individual circumstances and applicable tax laws.