Ignesius (Student) (62 Points)
12 June 2011Sir
My grandfather (aged more than 70 years) is selling his agriculture land in the village, The village is about 8 KM from main town (municipal). He wants to deposit this amount in a bank and planning to live on the interest from it. Does our IT rules allow such an action ?. Does this sale value attract long term capital gain tax of 20% ?. Please clarify
My mail: ignesiust @ yahoo.com
Thanks - Ignesius
Devendra
(Chartered Accountant)
(4775 Points)
Replied 12 June 2011
The capital gains can be utilized only for purchase of another Agricultural Land (urban or rural) within 2 years from the date of transfer. Or else the assessee (ie. your Grandfather) can deposit the amount of capital gains in the Capital Gains Account Scheme till the time of purchase of the Agricultural Land, but he should deposit the amount before filing the Income Tax Return. Also the proof of such deposit should be attached with the Income Tax Return (ie. the Photocopy of Deposit Challan).
I personally would advise you to pay the Long Term Capital Gain Tax and deposit the remaining amount in a normal Term Deposit and live on the Interest earned on the Term Deposit.
nikhil
((CA Final) Article)
(363 Points)
Replied 12 June 2011
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
CAclubindia
