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