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Chandrashekhar (Sr. Financial Analyst)     26 July 2011

Ancestral Agricultural Land

We are two brothers. After the death of our father who died before 13 years, the ancestral agricultural land came to us by inheritance. The concerned land is situated some 14 to 15 kms way from a town having population around 20,000. As such the land is not a "capital Asset" within the meaning of section 2/14 of I.T.Act. We have sold the land for total consideration of Rs. 22,00,000/- by receiving Rs.4,00,000/- at the time of agreement to sell in December 2009 (FY 2009-10) and remaining amount of Rs.18,00,000/- at the time of final sale deed in October 2010 (FY 2010-11). We ar willing to file our individual returns for 50% share each and are not willing to purchase new agricultural land. Our questions are -

1) Whether section 54B is applicable to this case or otherwise

2) In which form and under which head we should show the amounts received?



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 1 Replies

Vineet (Director)     04 August 2011

As the land is not a capital asset, no capital gains arise on sale of this land.

 

As there is no capital gain, applicability of section 54B does not arise.

 

This is not taxable income, hence no seperate return is to be filed.  In fact it is not exempt income either, so there is no column in Income Tax Return Form to show this Capital receipt.  You should keep the copies of sale deed with you for future reference and reply to IT if any query raised in future.

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