The COA would be the original cost in 2012 and shall be indexed.
If any charges were paid for conversion to industrial zone, same can be indexed and claimed as cost of improvement.
Rural agricultural land was purchased in 2012 for Rs. 3.5 lakhs per acre. In 2018, the same land was declared as Industrial zone in the Development Plan. The land is proposed to be sold now in 2020 for Rs 22 lakhs per acre. For capital gains calculation, will the cost value be FMV of ‘industrial’ land in 2018 or FMV of agricultural land in 2018 or the original cost in 2012?
The COA would be the original cost in 2012 and shall be indexed.
If any charges were paid for conversion to industrial zone, same can be indexed and claimed as cost of improvement.
Since rural agricultural land sale is exempt from Capital Gains, shouldn’t the holding period as non-agricultural land since 2018 onwards only be taxable?
There is a ruling that if agricultural land is later converted to industrial land it will not become capital asset.
ITO Vs Meera Thapa (ITAT Delhi)
Hi
For the calculation of capital gain original cost in 2012 will be taken.once it converted as industrial estate it will be considered as industrial. Thereafter no benefit of agriculture lands. Expenses related to convertion will from part of cost of improvement.
Calculation of long term capital is sales consideration less cost of transfer less indexed cost of acquisition less indexed cost of improvement.
For detail discussion please have a phone consultation.
If there is a sale of agricultural land after its conversion from agricultural land then in that case capital gain would be sale consideration less FMV of non agricultural land on date of conversion.
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