Agricultural land is in the name of father and income received to son

3139 views 11 replies

What if Agricultural Land is in name of Father but agricultural income are being deposited directly into the bank account of Son. Can Son in his income tax return show Agricultural Income though he has no agricultural land in his name ???

Let Say total agricultural income is 5,00,000 p.a. and 2,00,000 is being kept by Father and balance 3,00,000 is distributed directly to his two son equally.

Father is not filing his income tax return.

Can Son show this agricultural income in his return. Though he has no Land in his name?

Replies (11)

No.

Income to be declared in the PAN of the owner of land, here father......

The amount after declaration (tax-exempt) can be gifted to sons, which remains tax-free u/s. 56(2)(x).......... Overall effect remains same.....

instead of showing as exempted income as agricultural income, show it as exempted income as gift from father

If father don't have any PAN then what to do ? without filing father's Income tax return can gift can be given to son ?

Yes, but bank transactions and relavant income proofs should be produced as its justification, whenever query raised by ITD.

Father has received agriculture income in cash & same total cash has been gifted to son & son has deposited in bank A/c, whether it can be done in this way or not ?

Without authentic justification/documentation, it will be disallowed and even penalized. Secondly, applicability of sec 269ST and sec. 269SS of IT act, to be checked.

Sir, I will make Gift deed whether it will be ok as a proof ?

1. For cash below 2 lakhs.

2. With proofs of agricultural income generated by father, for verification if queried............

Thank you sir for your advise.

whether the father has pan or not, he's obliged to show the same in his name and it cannot be shown in the name of his sons. it's the onus of the father to prove the land sold was agricultural land with supportive documents. please explore the possibility of section 269ST also

Can son file itr if he recieve agri income in his account and have j form but land is in name of father


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register