• Capital gains tax on rural agricultural land

We want to sell our rural agricultural land of 20 acres for ninety three lakhs ,the govt rate of the property is thirty lakhs only .As per the rule capital gains tax is exempted on rural agricultural land so will it be exempted for only govt rate is for thirty lakhs only or will it be exempted for whole ninety three lakhs ?The land is registered on my mother's name who doesn't file ITR,will there be any other taxes ,how to make transaction genuine ,do we need to pay ITR after transaction.
Asked 5 years ago in Capital Gains Tax

The capital gain will be exempt for the entire amount. make sure you receive the money through banking channel.

 

Also make sure that the land is rural agriculture land as per income tax act.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Agricultural land in Rural Area in India is not considered a capital asset. Therefore any gains from its sale are not taxable under the head Capital Gains.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi

Agricultural land in Rural Area in India is not considered a capital asset. Therefore any gains from its sale are not taxable under the head Capital Gains.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

It is for entire value as Rural agricultural land is not capital asset.

No need to file ITR just for this transaction.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

- Rural agriculture land is not a capital asset therefore capital gain arises on it is exempt from tax but you should file the ITR of mother showing the transaction in the correct schedules. Filing of ITR is mandatory otherwise you will receive the compliance notice. I may assist you in filing of ITR.

Vivek Kumar Arora
CA, Delhi
5004 Answers
1133 Consultations

Hello,

 

Sale of Rural agriculture land is exempt from capital gain tax. It would be advisable to file the ITR of the mother declaring such capital gain transaction.

I hope this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Yes, you need to file the ITR next year and show the same under the head exempt income while filing ITR.

 

Yes, you can make FD for the entire amount for now. There is no problem in it.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi

You need to file ITR .

This income  will be shown under the head exempt income.

Yes  You can do so.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Yes, ITR should be filed.

 

No such requirements. 

 

Yes, you can utilise the funds as per your choice.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

No such information required to be provided if your land is agricultural land and situated in rural are. No need to file return if this is the only income.

Yes you can

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

No information to be provided. You can utilize the amount for investment in FD.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

- Yes you need to file ITR next year i.e. A.Y. 2020-21.

- Prefer to receive payment through account payee cheque only.

- No need to inform any authority

- Yes you can make FD out of the proceeds but don't forget to include FD interest in the ITR.

Vivek Kumar Arora
CA, Delhi
5004 Answers
1133 Consultations

In case of RTGS it would be ok since money would be transferred to you the same day.

 

You may opt for taking a demand draft in case there are doubts in the payment.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

It is a safe and secure system for funds transfer RTGS.

 

You can also consider DD for the same.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi

You can accept payment through RTGS or you can take demand draft.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

You can accept the payment through Demand Draft or RTGS.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Take RTGS and then sign papers.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

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