Check sibling questions

Example

In case,we sell Urban Agricultural Land, earn LTCG or STCG and later purchase another Agricultural Land,(Urban or Rural)

Then LTCG/STCG on Sale will be  exempt

 

Conditions to be Fulfilled

  • Deduction is available only to Individual and HUF
  • This deduction is on both LTCG and STCG
  • Only Sale of Urban Agricultural Land covered (Rural Agricultural Land is not a Capital Asset and no Capital Gain will be computed on it)
  • Land must be used in Indiafor agricultural purpose by Individual, Parents, HUF for last 2 years
  • Person should invest the amount of LTCG in purchasing new Agricultural Land

      (This land may be urban or rural)

 

Time Period

  • New Land must be purchased within 2 years of date of transfer

 

Amount Exempt is Lower of

  • Amount of Long Term Capital Gain
  • Amount Invested

 

 

Question 1 

Urban Agricultural land purchased by Mr A for 5 lacs in May 2013

It was sold  for 12 lacs in June 2015 and rural agricultural land purchased for 14 lacs in July 2015

What is treatment? 

View answer

Exemption under Section 54B  is available as

  • There is transfer of a Urban Agricultural Land and
  • Mr is Individual
  • it is STCG
  • Also new house is purchased within 2 years of transfer

 

Particulars

Amt

Full Value of Consideration

1200000

 

 

Less

 

Expenses of Transfer

 

COA

500000

 

 

Short Term Capital  Gain/(Loss)

700000

 

 

Less

 

Exemption under Section 54B

 

Lower of

 

Amount Invested

1400000

STCG

700000

Lower

700000

 

 

Income from Capital Gain

0

Q2

Solve last question assuming land sold was Rural Agricltural land

View answer

Rural Agricultural land is not a capital asset, hence no need to compute capital asset

 

Consequences if New Land Sold within 3 years  

If new Agricultural Land is a Rural Land,there will not be any capital gains as Rural Agricultural Land is not a capital asset

Howevwe,if new agricultural land is a urban land

 

STCA will be calculated on Sale of New House

Amount of Capital Gain Exempt earlier will be reduced from Cost while Calculating this STCA

 

Q3

Suppose in  Q1 above,new Rural Agricultural Land which was purchased for 1400000 in July 15 was later sold for 2000000 in August 2016

View answer

Since It is Rural Agricultural land,no Capital gain will be computed as It is not a capital asset

 

  1. Income from Capital Gains
  2. Exemptions

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.