Is sale of fruits and vegetables grown at home agriculture income?

Tax queries 1639 views 8 replies

If I sell fruits and vegetables cultivated and grown in pots and land in my home premises, will it be considered agriculture income and it will be tax exempt?

Replies (8)
No......
It is treated as business income
It cannot be considered as Agriculture Income Sir and hence not Exempted U/s 10(1) of the Income Tax Act 1961.

Why cannot it be considered as Agriculture income? Please explain in details. Selling of nursery plants in pots and mushrooms cultivation (which is not actually done on agriculture land but in controlled environment) is considered agriculture income. Then why is fruits and vegetables grown at home not an agriculture income since I have to follow cultivation techniques like tilling of land, sowing of the seeds and taking care of the plants ??

Following article https://www.financialexpress.com/archive/cultivating-tax-free-income/47843/ mentions that 
"If you grow flowers even in cities and towns on small plots of land, like in the compound of your house or even on a large terrace in earthen or plastic pots and you genuinely carry on this activity, the income would be treated as agricultural income and cannot be taxed."

Also refer this answer: https://www.quora.com/Is-agricultural-income-from-non-agricultural-land-exempt-from-income-tax/answer/Jagdish-Handa

Also Section 2(1A) of Income Tax Act which defines "agricultural income"  does not restrict income from cultivation at home premises from the purview of "agricultural income" .

Originally posted by : JATINDER KUMAR
No......

Please read my above two posts and state the section/law which supports your answer.

Originally posted by : M BABU
It is treated as business income

Please read my above two posts and state the section/law which supports your answer.

Originally posted by : Shivam RC
It cannot be considered as Agriculture Income Sir and hence not Exempted U/s 10(1) of the Income Tax Act 1961.

Please read my above two posts and state the section/law which supports your answer.


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