• Income tax liability of a indivisual on sale of a urban agricultural land

The benchmark price of a land is 68000/-per decimil.HTElectric lines are over it.so a buyer is agreed to purchase at the rate of 20000/- per decimil.Total land 50 decimil.land is within one km distance from a municipality whose population is 117000 as per last census.Sub-Registrar agreed to register with 20000 per dcml but stamp duty he will charge @ 68000 per dcml.Now so clarify the tax liability.@ 68000per dcml or 20000 per decimil & who will pay the tax the seller or the buyer?
Asked 5 years ago in Capital Gains Tax

Hi,

1) 20,000 per decimil. Seller will pay the tax.

2) Get the new PAN card according to Aadhaar and then link it.

3) 45,000 per decimil. Section 50C.

4) I think RERA is for registration of projects by the builders and developers. Take second opinion.

5) Take concerned advocate opinion. Can ask on indiakanoon.com

6) No such procedure.

 

Thanks

Vivek Kumar Arora
CA, Delhi
4846 Answers
1042 Consultations

5.0 on 5.0

Hi

Capital gains need to be paid by the seller considering 20000 per decimal as sales consideration. Stamp duty to be paid @ 68000 by the buyer, unless otherwise agreed.

 

You need to get your  PAN updated by filling application for changes.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

The seller needs to pay capital gain taxes according to actual sales consideration. Capital gain shall be calculated by reducing the indexed cost of acquisition from the sales consideration.

No.

You may consult a lawyer for the same.

There's no such procedure.

 

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

Hi

Buyer will pay Stamp duty @ 68000 and seller will have to pay capital gain tax @ 20000 .

Can get his name changed in PAN card , then linking process will go.

 

Rera registration is mainly for builders for construction projects  as per my opinion.

No specific procedure  to get Registered valuer.

 

Hope it helps

 

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

Hi,

 

Hope you are doing well !!

 

The tax liability will be 20000 per decimil and seller will pay the capital gain tax.

 

Update the PAN data as per Aadhaar data.  

 

As per section 50 C-In case sale consideration received or claimed to be received by seller on sale of land or building or both is less than value adopted by stamp valuation authority, such value adopted by SVA would become actual sale consideration received or accruing to the seller. Therefore, capital gain would be Valuation as per stamp valuation authority reduced by cost/indexed cost of acquisition i.e.45,000 per decimil.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

5) No, govt employee can not ask RERA permission to sale his Urban agricultural land.

 

6) Consult with a lawyer.

 

7) No such procedure.

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

One need to pay capital gain tax by considering valuation under section 50C as 68000.

Also the buyer will have to pay income tax under section 56(2)(vii) on the difference amount between 68000 and 20000.

To link Aadhar and PAN either update Aadhar or Pan and then link them.

There is no requirement of rera in just transfer of property.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4273 Answers
97 Consultations

5.0 on 5.0

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