Article Assistant and Post Gradute
644 Points
Joined April 2014
Tax circular no. 1302 was issued on December 28, 1999 and is related to agricultural property. Definition of capital asset is given under Income Tax Section 2(14). We know that one has to pay tax on long-term and short-term capital gains, coming from the sale of a capital asset. Under this section, there are clear guidelines differentiating between urban and rural agricultural land. Capital gains tax will be applicable on urban land, even if it has been registered as agricultural land. But if the land falls in a rural area, you are not required to pay income tax on it. This circular is especially useful for those who are selling agricultural land and want it to be considered as a rural land. It elaborates on the urban area limit and has a list of all such places. Villages that fall within eight-kilometers distance of a municipality are considered part of the urban area only. And if you are selling a land plot, that falls within that area, it qualifies for income tax. If the land you are selling is located beyond eight kilometers from a municipality, no tax will be levied on the sale of the land. This circular also has names of the places, where the distance at which the land is situated is less than eight kilometers.