Agricultural Incom
Agricultural Income The meaning of the term agricultural income can be explained with the help of the following chart:
Agricultural Income A
B (1) Any income derived from • such land by agricultural operations or
(ii) any process by cultivator or receiver of rent-in kind, which render the produce fit for the market or
(iii) the sale of such produce. Any income from a farmhouse.
(1) Any rent or revenue derived from land,
(i) which is situated in India, and
(ili) is used for agricultural purposes.
Note : Capital gains arising from the transfer of agricultural land shall not be treated as agricultural income. If the following conditions are satisfied the income from land is treated as agricultural income:
The direct income from agriculture, is treated as agricultural income. An indirect Income from agriculture, is not agricultural income. For example, salary of a farm manager or dividend from a company engaged in agricultural activities, is not agricultural income.
Kinds of Agricultural Income
1. Rent or Revenue Deriyed from Land:
When one person grants to another a right to use bls land for agricultural purposes he farmer receives from the latter rent or revenue in consideration of such user) Such rent or revenue is treated as agricultural income.
V2. Income from Agricultural Operations (It means cultivation of a field, tilling of the land. watering it, showing of the seeds, planting and similar operations of the land) Products which grow wild on the land or are of spontaneous growth not involving any human labour skill upon the land are not products of agriculture. The income derived therefrom is not agricultural income.
V3. Income from Making Produce Fit for Market :(If there is no market of the produce of the field and the cultivator or receiver of rent-in-kind performs any activity to make the produce fit for market, any income from such activity is also agricultural income The process employed in curing of coffee, flue curing of tobacco, ginning of cotton, etc. Is such process.
V4. Income trom Sale of Produce :
(ncome derived by a cultivator or receiver or rent-in-kind from the sale of produce raised or received by him is treated as agricultural income)even if he keeps a shop for the sale of such produce.
V5. Income from a Farmhouse:
The income from a farmhouse is treated as agricultural income if the following conditions are satisfied;
(a) The building is owned and occupied by the cultivator or receiver of the rent or revenue of any such land.
(b) It is situated on or in the immediate vicinity of the agricultural land.
() The building is, by reason of his connection with the land, used as dwelling house or a store-house or an out-house by the cultivator or receiver of rent-in-kind.
(d) The land is either assessed to land revenue in India or is subject to a local rate assessed and collected by the officers of the government.
Vif the land revenue or local tax is not payable on such land:
(a) The land is situated in 'non-urban' area.
(b) The land is situated within municipality or cantonment board jurisdiction, has a population of less than 10,000.
(c) The farm building is situated within the area specified below, the income derived from such building shall not be agricultural income. The land is situated in any area within the distance, measured aerially:
(a) not being more than two kilometres from the local limits and which has a population more than ten thousand but not exceeding one lakh.
(b) not being more than six kilometres from the local limits and which has a population of more than one lakh but not exceeding ten lakh.
(c) not being more than eight kilometres from the local limits and which has a population more than ten lakh.
6. Income from Saplings or Seedlings: The income derived from saplings or seedlings grown in a nursery shall be deemed to be agricultural income.
Partly Agricultural Income
Sometimes there is composite. income, which is partially agricultural and partially non-agricultural. For determining the non-agricultural income chargeable to tax, the market value of any agricultural produce which has been raised by the assessee and which has been utilised as a raw material in such business, shall be deducted. No further deduction shall be made in respect of cost of cultivation incurred by the assessee as a cultivator.
For this purpose, market value shall be deemed to be:
1. Where the agricultural produce is ordinarily sold in the market, the value calculated according to the average price at which it has been so sold, during the relevant previous year.
2. Where the agricultural produce is not ordinarily sold in the market the aggregate of the following shall be its market value:
(a) the expenses of cultivation.
(b) the land revenue or rent paid for the land on which it was grown.
(c) the profit which in the opinion of the assessing officer is reasonable.
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