• Capital gains on sale of industrial zone land

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?
Asked 5 years ago in Capital Gains Tax

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.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

The current nature of the land shall be taken into consideration. COA shall be original cost.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

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)

Ruchi Goel Anchal
CA, Gurgaon
525 Answers
16 Consultations

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.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

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.

 

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
4303 Answers
101 Consultations

Dear Sir,

 

Hope you are doing well !!

 

The cost would be FMV of agricultural land in 2018.

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Yes, your understanding is correct.

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Hi

It will be treated as non agriculture land

Please have a phone consultation for detail discussion

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

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