sukesh (ipcc student) (125 Points)
10 July 2015
Kuldipsinh Jadeja
(Job)
(357 Points)
Replied 10 July 2015
It depends whether Agriculture Land falls within the definition of Capital Asset u/s 2(14) of the Income Tax Act, 1961 or not.
If it falls within the meaning of capital asset, than one has to determine whether it is a short term or long term capital gain and accordingly you can claim exemption u/s 54 of the Income Tax Act, 1961. Even if assumed that it falls u/s 2(14) of the Income Tax Act, 1961 than also capital gain would be taxabe since investment in commercial property cannot help you to claim exemption from capital gain u/s 54 of the Income Tax Act, 1961
Rural agricultural land is fully exempted from tax as it is not covered under capital assets definition under income tax act. If you want to save tax and if the asset is long term and urban you can buy another agricultural land to get deduction u/s 54B and /or invest in bonds u/s 54EC or a residential house u/s 54F. Otherwise you can opt to pay the capital gain tax after indexation.
Arif Ali
(Apt Co Advisory)
(1230 Points)
Replied 12 July 2015
if your agriculture land is falls under definition of capital asset meaning of Income tax act 1961, then your liability to pay the tax on that otherwise not. If you want to save the tax then you have to invest in agriculture land u/s 54B.
CAclubindia
