Taxation on agricultural land in rural areas

Mr.Vihal bhandre

You are requested to refer to Section 2(14) of Income-tax Act, 1961 wherein the word 'capital asset' is defined.  As per the said section agricultural lands are not capital assets provided that certain condtions are satisfied.

The income arose on sale of agricultural land which is not a capital assets is exempted from incme-tax.

To ascertain whether agricultural land situated in a paricular place in India is a capital asset- please refer to Notification No. Notification No.S.O.10/6-1-1994 -    published in 205 ITR (St) 121 and also  Notification No.S.O.77(E)/6-2-73  and amended by Notification No.S.O.1302/28-12-1999 -  published in 248 ITR (St.)28

ITR means Income Tax Reports a professional journal published from Chennai, India.

I am hereunder reproducing Section 2(14) of Income-tax Act, 1961 for your ready reference.

Best Wishes

Sathikonda

Section 2(14) –Income-tax Act, 1961-Definition of Capital Asset

“capital asset” means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include—

     (i)  any stock-in-trade, consumable stores or raw materials held for the purposes of his business or profession ;

    (ii)  personal effects, that is to say, movable property (including wearing apparel and furniture) held for personal use⁴⁴ by the assessee or any member of his family dependent on him, but excludes—

    (a)  jewellery;

    (b)  archaeological collections;

    (c)  drawings;

    (d)  paintings;

    (e)  sculptures; or

     (f)  any work of art.

Explanation.—For the purposes of this sub-clause, “jewellery” includes—

    (a)  ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals, whether or not containing any precious or semi-precious stone, and whether or not worked or sewn into any wearing apparel;

    (b)  precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel;]

 [(iii) agricultural land in India, not being land situate—

1. in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year ; or

2. in any area within such distance, not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a), as the Central Government may, having regard to the extent of, and scope for, urbanisation of that area and other relevant considerations, specify in this behalf by notification in the Official Gazette;]

 [(iv)  6½ per cent Gold Bonds, 1977, [or 7 per cent Gold Bonds, 1980,] [or National Defence Gold Bonds, 1980,] issued by the Central Government ;]

   [(v)  Special Bearer Bonds, 1991, issued by the Central Government ;]

 [(vi)  Gold Deposit Bonds issued under the Gold Deposit Scheme, 1999 notified by the Central Government ;]

Mr.Vishalbhandre

I am herewith attaching a book let published by Income Tax Department wherein you can find the answers you need.

Best Wishes

Sathikonda