Check sibling questions

Income derived from

any building which is in immediate vicinity of agricultural land in India

and is used for dwelling house/storage house

by cultivator/receiver of rent is also Agricultural Income

Provided  if such land is situated in urban area

the land is assessed to land revenue /local rate

 

Conditions to be satisfied

 

LAND IN  URBAN AREA LAND IN  RURAL AREA

Land is Used for Agricultural Purpose

and

Building is in Immediate vicinity of land

Land is Used for Agricultural Purpose

and

Building is in Immediate vicinity of land

Building is used for

  • Dwelling house
  • Store house
  • Other Out building

             by    

      cultivator of land /receiver of rent or revenue

Building is used for

  • Dwelling house
  • Store house
  • Other Out building

             by    

cultivator of land /receiver of rent or revenue

Land is situated in India Land is situated in India

3.It should be assessed to land revenue

(i.e. House tax etc has been paid on it)

N/a

 

 

 

Note :-  

Urban Area means

      Area situated in some municipal Area

       [Municipality/Cantonment Board etc.] of area having

      10000 population or more

             +

      Any Nearby Area  within specified km as mentioned below               

Population of Municipal Area having population

No of Km from area

10000- 100000

2 km from such area

100001-1000000

6 km from such area

>1000000

8 km from such area

 

Note:-Area is to be measured aerially i.e.shortest possible distance to be taken

 

(2) Building may be in either urban or rural area . Only condition is that if it is in Urban Area then it should be assessed to land revenue

(i.e. House tax etc has been paid on it)

  QUESTIONS

Q1

Mr A owns a farm land in a village which has a small house attached to it. He gives it on rent to Mr B @ 6000 pm(Rs 5000 for land and Rs 1000 for hut). Mr B use it for agricultural purpose and hut for staying

How is Rent taxable in hands of Mr A

View answer

Income from land Rs 5000 is exempt as it is Rent or revenue derived from land

Income from house Rs 1000 is exempt as it is Income from Building Attached to Agricultural Land

And building is used by cultivator for dwelling purpose in India

Q2 Suppose in Q1 Mr B use the house for storing his produce

View answer

It is exempt as agricultural income as house is used as store house for storing produce

Q3

Suppose in Q1 Mr B use the house for running a tea shop

View answer

House is not used as dwelling house/store house/out building. Hence it is taxable and not Agricultural income

Q4

Mr A owns an a house in Delhi, He gives it to Mr. B on rent who is a farmer at a rent of 10000 pm. Mr B use it as dwelling house for staying.

View answer

Since only building given, and not land, it is not agricultural income and hence taxable

  1. Income Tax
  2. Agricultural Income

About the Author

CA Maninder Singh

CA Maninder Singh is a Chartered Accountant for the past 14 years. He also provides Accounts Tax GST Training in Delhi, Kerala and online.