• Land value to be added to wealth under wealth tax

I have 4 peices of land in coastal area which recently came under a nagarparishad and hence termed urban land.These have a seperate 7/12 for each and show that coconut plantation in one plot, rice on 2 plots and grass on 1 plot.Will these be added to the wealth while computing wealth tax? They are agriculture lands and used for agriculture.There is one house on coconut plot.Will it be taken as wealth while computing?
Please help?
Asked 10 years ago in Taxation

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

1 Answer

Hello Sir,

Agricultural income earned by a taxpayer in India is exempt under Section 10(1) of the Income Tax Act, 1961

As per section 2(1A), agricultural income generally means  (a) Any rent or revenue derived from land which is situated in India and is used for agricultural purposes. (b) Any income derived from such land by agriculture operations including processing of agricultural produce so as to render it fit for the market or sale of such produce

If agricultural operations are carried out on land, either urban or rural, the income derived from sale of such agricultural produce shall be treated as agricultural income and will be exempt from tax.

Finance Act, 1992 made suitable amendments to the Wealth Tax Act and sec. 2(ea)(v)(b) defines “urban land”.  But it does not clearly explain the status of agricultural lands situated in urban areas. The said document which showed the Tax Obligation under Wealth Tax Act, clearly stated by a note “Agricultural land situated in urban area is not liable to wealth-tax”. 

Agricultural income is exempt under Section 10(1) of the Act so long as the income is derived from agricultural land situated in India. This income is, however, included merely for rate purposes and rebate is allowed on the same in accordance with the Finance Act. The inclusion of Agricultural income for rate purpose is only required if total income( excluding agricultural income) of an individual exceeds Rs. 2,50,000/- (assessee being aged less than 60 years of age).

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer