Академический Документы
Профессиональный Документы
Культура Документы
Once the aforementioned conditions are satisfied then we shall compute the Tax
liability in the following manner:
♠ First, include the Agricultural income while computing your income Tax
liability.
Example – Let us say that an Individual Assessee has a Total income of INR
7,50,000/- (excluding Agricultural income) and a Net Agricultural income of INR
100,000/-. Then, per this step, Tax shall be computed on INR 7,50,000/- + INR
1,00,000/- = INR 8,50,000/-. Thus, income Tax amount as per this step shall be
INR 82500/- for an individual who is below the age of 60 Years during the P.Y.
2017-18.
♠ Second, add the applicable basic tax slab benefit, as applicable, to the Net
Agricultural income. Thus, per our example mentioned above we shall add INR
2,50,000/- to INR 1,00,000/- as the applicable Tax slab benefit available to an
individual below 60 Years of age is INR 2,50,000/-. Now we will compute income
Tax on INR 3,50,000/- (Tax slab benefit 2,50,000 + Net Agricultural income
1,00,000). The amount of Tax shall be INR 5000/-.
♠ Third, subtract the Tax computed in Second step from the Tax computed in First
step = INR 77,500/-. Thus, this is the income Tax liability subject to deductions,
Education Cess etc., as applicable.
This process of computation is, however, followed only if the assessee’s non-
agricultural income is in excess of the basic exemption slab.
To conclude, there is enough scope for taxing income from activities which are
non-agricultural in nature. In fact, it is well known that agriculturists themselves do
not have taxable income, taking into account the fact that when it is divided
amongst family members who are involved in agricultural operations, each one of
them would have income within the exemption limit. However, there are hundreds
of thousands of middlemen like wholesalers, retailers, distributors, etc. who earn
substantial income from trading in agricultural produce as well as fruits, flowers,
etc. Such income or profits are fully taxable under the present law and, therefore, if
concerted efforts are made by the Tax Department to recover tax from them, the
need for widening the tax base to rope in agriculturists and farmers, would be
eliminated.
Form a company or a partnership firm for the sole purpose carrying on your
agricultural operations. As indirect effect of agricultural income is not applicable
in a company or a firm, the complete amount would become exempt from taxation.
1. Does interest on arrears of rent qualify as agricultural income and will this be
exempt from tax?
But in certain cases like in the case of tea, coffee, sugarcane where a major
processing (change of very nature of the product) is being done, then some part of
the processed produce (tea, coffee & sugar) is taxed as non-agricultural income and
rest is exempt as agricultural income.
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.
4. If any industrial organization grows crops and sells half of the produce as raw
material in the market and remaining (further processed) as finished goods,
what will be the tax treatment?
Agricultural income is exempt from income tax. It does not matter whether the
agricultural operations are done by an industrial organization or an individual. If
any industrial organization grows crops and sells half of the produce as raw
material in market and remaining (further processed) as finished goods, the income
which is earned on the first half of produce (sold in market as raw material) is
totally exempt from tax.
Rent received from agricultural land used for agricultural purpose is treated as
agricultural income. This is prescribed by the law.
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).
Particulars Amount in Rs.
9. If an assessee sells the fruits of the trees planted by him around his home, will
the income so earned be agricultural income?
10. I have taken certain agricultural land on lease and crops are being grown on
the said land for many years. Now the said land alongwith growing crops has
been acquired by the Govt. The Govt. paid separate compensation for the land
and the crop. Whether the compensation received in lieu of crop is agriculture
income or not? Further note that assessee has not further invested the amount in
agriculture land received as compensation against crop.
The compensation paid for the crops by the Govt. can be considered to be as good
as income earned by purchase of standing crop, which is not an agricultural
income. Hence the compensation against crop is taxable in the hands of receiver of
the compensation.
11. Whether income earned from export of agricultural produce is exempt from
income tax?
The process of computation of tax liability is followed only if the assessee’s non-
agricultural income is in excess of the basic exemption slab. In this case, the
income from business of the assessee is lower than the basic exemption limit.
However, the returns have to be filed with regards to the disclosure of agricultural
income.
13. An assessee wants to buy farms which bear coconut trees, on a lease for a
period of one year. State whether sale of coconuts is said to be an agricultural
income or not?
The land on which the coconut trees are planted should be an agricultural land
which can be classified by fulfilling the conditions mentioned earlier in this article.
If the land is agricultural, then the income earned by selling of coconuts can be
treated as agricultural income.
14. I had sold an agricultural land in a rural area, which is outside jurisdiction
of the Municipal Authority. Whether the sales proceeds are exempt or taxable?
The scope of agricultural income excludes the revenue which is earned by transfer
of agricultural land not falling under the definition of Capital assets u/s. 2(14). By
definition of a capital asset under Section 2(14), an agricultural land in an area
falling out of jurisdiction of the Municipal Authority (which has a population of
more than 10,000), is not a capital asset. Section 10(37) allows income from
transfer of such a land to be classified as a capital gain via clause (i). Under
Section 54B, a capital gain arising out of this transaction will be exempt provided
the conditions (mentioned earlier in this article) are satisfied.
15. Is receipt from sale of rubber trees an agricultural income?
Yes, receipt of sale of rubber trees is an agricultural income if the conditions for
land being agricultural in nature are satisfied.