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
by cultivator of land /receiver of rent or revenue |
Building is used for
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 AnswerIncome 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 AnswerIt 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 AnswerHouse 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 AnswerSince only building given, and not land, it is not agricultural income and hence taxable