Professional Documents
Culture Documents
Tax Project Deductions
Tax Project Deductions
Tax Project Deductions
1
ACKNOWLEDGEMENT
I would like to express my special thanks and gratitude to my professor of Taxation Laws Ms.
Kriti who gave me this golden opportunity to work on this tremendously wonderful project on
the topic of ‘Agricultural Income And Computation of Tax for Agricultural Income under
Scheme of Partial Integration’. This project has really helped in enhancing my knowledge and
enabled better understanding of the subject and its fundamentals.
Secondly, I would also like to thank my friends and classmates who helped me in best way
possible within their reach to finalize this project within limited time frame.
2
Table of Cases
3
TABLE OF CONTENTS
TABLE OF CASES...........................................................................................................................................3
TABLE OF CONTENTS...................................................................................................................................4
♦ INTRODUCTION....................................................................................................................................5
♦ DEFINITION OF AGRICULTURAL INCOME IN INCOME TAX ACT, 1961..................................................5
SECTION 2(1A) - Bare Provision........................................................................................................5
Section 2(1A)(a)...............................................................................................................................6
Section 2(1A)(b)...............................................................................................................................9
Section 2(1A)(c)..............................................................................................................................11
...............................................................................................................................................................12
Examples of Agricultural Income...................................................................................................12
Examples of Non-Agricultural Income............................................................................................13
♦ SCHEME OF PARTIAL INTEGRATION OF NON AGRICULTURAL INCOME WITH AGRICULTURAL
INCOME.....................................................................................................................................................14
Computation of tax under this scheme..........................................................................................14
4
AGRICULTURAL INCOME
♦ INTRODUCTION
Agriculture, alongside its allied sectors, exists as one of the largest sources of livelihood in India.
Figures ascertained by the Food and Agriculture Organisation (FAO) indicate that agriculture
still serves as a primary source of income for about 70% of the Indian rural households. The
government, therefore, endeavours to boost this sector by means of schemes, policies, and tax
exemptions for agricultural income.
Agricultural income refers to the income earned, or revenue generated from sources essentially
premised on agricultural activities. These sources of income include farming land, buildings on
or identified with agricultural land as well as commercial produce from a horticultural land.
5
[Provided that— (i) the building is on or in the immediate vicinity of the land, and is a building
which the receiver of the rent or revenue or the cultivator, or the receiver of rent-in-kind, by
reason of his connection with the land, requires as a dwelling house, or as a store-house, or other
outbuilding, and
(ii) the land is either assessed to land revenue in India or is subject to a local rate assessed and
collected by officers of the Government as such or where the land is not so assessed to land
revenue or subject to a local rate, it is not situated—
(A) in any area which is comprised within the jurisdiction of a municipality (whether known as a
municipality, municipal corporation, notified area committee, town area committee, town
committee or by any other name) or a cantonment board and which has a population of not less
than ten thousand; or
[(B) in any area within the distance, measured aerially, — (I) not being more than two
kilometres, from the local limits of any municipality or cantonment board referred to in item (A)
and which has a population of more than ten thousand but not exceeding one lakh; or
(II) not being more than six kilometres, from the local limits of any municipality or cantonment
board referred to in item (A) and which has a population of more than one lakh but not exceeding
ten lakh; or
(III) not being more than eight kilometres, from the local limits of any municipality or
cantonment board referred to in item (A) and which has a population of more than ten lakh.] 3
[Explanation [1.]—For the removal of doubts, it is hereby declared that revenue derived from
land shall not include and shall be deemed never to have included any income arising from the
transfer of any land referred to in item (a) or item (b) of sub-clause (iii) of clause (14) of this
section.]
[Explanation 2.—For the removal of doubts it is hereby declared that income derived from any
building or land referred to in sub-clause (c) arising from the use of such building or land for any
purpose (including letting for residential purpose or for the purpose of any business or
profession) other than agriculture falling under sub-clause (a) or sub-clause (b) shall not be
agricultural income.]
[Explanation 3. —For the purposes of this clause, any income derived from saplings or seedlings
grown in a nursery shall be deemed to be agricultural income.]
[Explanation 4. —For the purposes of clause (ii) of the proviso to sub-clause (c), ―population‖
means the population according to the last preceding census of which the relevant figures have
been published before the first day of the previous year;]
Section 2(1A)(a)
6
“any rent or revenue derived from land which is situated in India and is used for
agricultural purposes.”
7
However, the Supreme Court of India in CIT v Raja Benoy Kumar Sahas Roy 2 (1957) 32 ITR
466 (SC) has laid down that agricultural purpose means that basic operations and subsequent
operations must be performed on such land.
Basic Operations
These are those operations which are performed on land before germination. These operations
involve expenditure of human skill and labour upon land, and help the seed to sprout from the
land. These operations involve cultivation of the land and some examples are tilling of land,
sowing of seeds, planting and similar operations on the land. Such operations may be performed
mechanically or manually.
Subsequent Operations
The subsequent operations are performed after the produce (crop) sprouts from the land till
harvesting. Some examples of subsequent operations are weeding, digging the soil around the
produce, removal of undesirable growths, prevention of the produce (Crop) from insects, pests or
from degradation by cattle and other factors. Basically it involves all operations which foster the
growth and preserve the produce (crop) and make it fit for the market. Further, it also includes
tending, pruning, cutting and harvesting, etc.
Points To be Noted
1. Subsequent operations alone are not sufficient for income to be agricultural income.
These operations must be performed in conjunction with, and in connection basic
operations. Therefore both basic and agricultural operations must constitute integrated
activity of agriculture. Where subsequent operations are performed on the produce
(crop) of spontaneous, growth (where no basic operations were performed by the
agriculturist income will not be agricultural income.
2. Agriculture produce means any produce formed after performing basic and subsequent
operations on agricultural land. It may be:
Food, grain, vegetables or fruit for human consumption;
Plantation and groves, grass, fodder for animal consumption;
Article of luxury such as betel, tea, coffee, spices, tobacco;
Commercial crops such as cotton, flex, jute, hemp, indigo;
Article having artistic and decorative value such as flowers, creepers;
Articles having housing value like bamboo, timber;
Articles having fuel value;
Articles having medicinal and health value.
3. It is important to note the term agriculture is used in wider sense and it also includes
horticulture. (cultivation of every type of plants), Floriculture (cultivation of flowers),
arboriculture (cultivation and management of trees within the landscape which includes
the study of how trees grow and respond to cultural practices and the environment, as
well as application of cultural techniques such as selection, planting, care, surgery and
removal) and sylviculture (cultivation of forest).
2
(1957) 32 ITR 466 (SC)
8
4. Every activity on land is not agriculture: The term agriculture is used in the sense that
basic and subsequent operations are performed on land to grow agricultural produce
(crop). Simply because some activity is done on land or activity in some way is
dependent on land does not mean that, the activity comes within the purview of
agriculture. Example: Breeding and rearing of livestock, dairy farming, cheese and
butter making and poultry farming are non-agricultural activities.
9
(ii) the performance by a cultivator or receiver of rent-in-kind of any process ordinarily
employed by a cultivator or receiver of rent-in-kind to render the produce raised or received by
him fit to be taken to market; or
Any income derived by a cultivator or receiver of rent in kind from any process ordinarily
employed to render the produce, raised or received by him, marketable is agricultural income.
Sometimes raw produce (crop) may not be saleable. To make it marketable or saleable, it
becomes necessary to perform a process on such produce which is generally called "Marketing
process" or "Agricultural process". Such "Marketing process" or "Agricultural process" increases
the market value of produce (crop), therefore, such increased value of such produce is also
agricultural income.
However, following conditions must be satisfied:
(i) Process must be such which is ordinarily employed by the cultivator or receiver of rent-in-
kind. Such processes which are ordinarily employed include thrashing, winnowing, cleaning,
drying, crushing, boiling, decanting, etc. However, nature of process depends upon the quality of
produce and varies from time to time and place to place. Further such processes may be
performed manually or mechanically.
(ii) The process must be performed to make the produce marketable. Example: Tobacco leaves
are saleable in the market in dried form. Therefore, the income from the ordinary process
employed to dry the tobacco leaves to make them marketable is agricultural income.
Therefore, where produce is already saleable in the market and some process is performed on the
produce to earn extra profit then income derived will be partly agricultural and partly non-
agricultural and such process shall not be called "marketing process" or "agricultural process".
However, such income is called composite income and is to be disintegrated into agricultural
income and business (non-agricultural) income according to the rules laid down under this Act.
Examples:
Sugarcane is generally saleable in the market. Where any process (non-agricultural
process) is performed to convert sugarcane into sugar or gur will be non-agricultural
process and proportionate income from the process of converting sugarcane into sugar or
gur will be non-agricultural income. [Brihan Maharashtra Sugar Syndicate Ltd. V
CIT3 (1946) 14 ITR 611 (Bom)].
Where mulberry leaves are grown by the assessee, which are fed to silkworms and silk
cocoons are obtained from silkworms then income from sale of silk cocoons would be
non-agricultural income [K Lakshmann Co. v CIT4 (1999) 239 ITR 597 (SC)].
Similarly, growing fodder, giving it to cow and obtaining milk from cow then income
from sale of milk is non-agricultural income.
3
(1946) 14 ITR 611 (Bom)
4
(1999) 239 ITR 597 (SC)
10
(iii) the sale by a cultivator or receiver of rent-in-kind of the produce raised or received by
him, in respect of which no process has been performed other than a process of the nature
described in paragraph (ii) of this sub-clause ;
Any income from sale, by a cultivator or receiver of rent-in-kind, of produce raised or received
by him in respect of which agricultural process has been performed.
Section 2(1A)(c)
Income from Farm House.
Any income (Annual Value) from building (Farm House) is agricultural income if following
conditions are satisfied:
(i) Building must be owned by the landlord and occupied by the cultivator (landlord or tenant) or
receiver of rent-in-kind (landlord);
(ii) Building should be on or in the immediate vicinity of land situated in India used
for agricultural purpose;
(iii) Building must be used by the cultivator or receiver of rent-in-kind as:
(a) Dwelling house; or
(b) A store house; or
(c) Other out-building.
(iv) The land where building is situated must be assessed to land revenue or local rate. However,
where it is not assessed to land revenue or local rate then it must be situated outside the urban
area i.e., it must be the rural area.
Urban area means: As Amended by the Finance Act 2013 (w.e.f A. Y 2014-15)
Any area within the distance, measured aerially:
(1) not being more than two kilometers, from the local limits of any municipality or
cantonment board referred to in item (A) and which has a population of more than ten
thousand but not exceeding one lakh; Or
(2) not being more than six kilometers, from the local limits of any municipality or
cantonment board referred to in item (A) and which has a population of more than one
lakh but not exceeding ten lakhs; or
(3) not being more than eight kilometers, from the local limits of any municipality or
cantonment board referred to in item (A) and which has a population of more than ten
lakh.'
11
(2) "population" means the population according to the last preceding census of which the
relevant figures have been published before the first day of the previous year [Explanation 4.]
Points to be Noted
1. Where farm house is situated in the rural area, then income (Annual value) will be
treated as agricultural income even if land on which farm house is situated is not
assessed to land revenue or local rate.
2. Income derived from any building or land mentioned under section 2(1A)(c) arising
from the use of such wuilding or land for any purpose other than agricultural shall not
be treated as agricultural income. [Explanation 2]. Example: Income derived frem
letting out such building (farm house) for residential purpose or for the purpcse of any
business or profession or even for sharing the agricultural produce by 3rd person shall
be non-agricultural income i.e. Mr. A owner of agricultural land has let out farm house
to Mr. B (not tenant of Mr. B to be used for residential purposes or for storing his
agricultural produce therefore rent received by Mr. A is not agricultural income.
3. Any income arising from transfer of agriculture land shall not be treated as revenue
arising from such land and therefore, not agricultural income [Explanation /].
4. Any income derived from saplings or seedlings grown in a nursery shall be deemed to
be agricultural income. [Explanation 3 w.e.f. 1-4-2009].
5. Onus of proving that an income is agricultural income is on the assessee, [CIT v
R. Venkataswamy Naidu5 (1956) 29 ITR 529 (SC); Sri Ranganatha Enterprises v
CIT6 (1998) 232 ITR 568 (Ker)].
5
(1956) 29 ITR 529 (SC)
6
(1998) 232 ITR 568 (Ker)
7
(2000) 241 ITR 530 (Mad)
12
Interest on capital received by a partner from the firm engaged in agricultural operations.
However share of profit received by a partner from firm is exempted under section
10(2A) and it is not Agricultural income.
Compensation received from an insurance company for damage caused to the crop is an
agricultural income. Such compensation cannot be distributed between agricultural
income and business income under rules [CIT v B. Gupta Tea Pvt. Ltd.8 (1969) 74 ITR
337 (Cal)].
Profit on sale of standing crop or produce after harvest by a cultivator or receiver of rent-
in-kind.
Income from sale of grass where grass was grown by making human efforts i.e. basic and
subsequent operation.
Income from sale of replanted trees where denuded parts of the forest were replanted and
subsequent operations were performed
Income derived by growing special quality of grass required for creating golf course is
agricultural income, [CIT v P.Z. Estates (P) Ltd.9 (2005) 2 SOT 563 (Del)]
8
(1969) 74 ITR 337 (Cal)
9
(2005) 2 SOT 563 (Del)
10
(1948) 16 ITR 330 (PC)
11
(1956) 29 ITR 529 (SC)
13
Royalty from mines.
Income from brick making.
Hire charges received from TV Serial producer for use of the garden or land for shooting
TV Serial or film [B. Nagi Producer Reddi v CIT12 (2002) 258 ITR 719 (Mad)].
Income. from sale of various kinds of hybrid/germ plasma seeds after conducting
agricultural research costing crores of rupees [Proagro Seeds Co. Ltd. v CIT13 (2003)
126 Taxman 37 (Del)(Mag.)].
Registration fee collected from contractor who is bidding at the auction conducted for
auction of plantation as fee has no nexus with agricultural land.
Commission earned by the landlord for selling agricultural produce of his tenant as
commission' has no nexus with agricultural land.
Profit on sale of standing crops/agricultural produce purchased by assessee [where
assessee has purchased standing crops from cultivator and sold on profit] [CIT v
Venkatasubbaya14 (1951) 20 ITR 151 (Mad)].
12
(2002) 258 ITR 719 (Mad)
13
(2003) 126 Taxman 37 (Del)(Mag)
14
(1951) 20 ITR 151 (Mad)
14
(b) Company .
© Co-operative society
(d) Local Authority
(ii) The assessee's non-agricultural income must exceed Basic Exemption limit' for
that Assessment Year.
(iii) The agricultural income must exceed 7 5,000.
An individual taxpayer aged 50 years earns Rs. 3,00,000 in agricultural income. Her non-
agricultural income is worth Rs. 5,00,000. Therefore, her agriculture income tax for the FY is
calculated as follows:
Step 1: Evaluating tax on non-agricultural income + net agricultural income, i.e., Rs. 8,00,000
(Rs. 3,00,000 + Rs. 5,00,000) Tax on the first Rs. 2,50,000 = Nil
Tax on the second Rs. 2,50,000 = Rs. 2,50,000 x 5% = Rs. 12,500
Tax on balance Rs. 3,00,000 = Rs. 3,00,000 x 20% = Rs. 60,000
So, the total tax on non-agricultural income + net agricultural income is Rs. 72,500. (1)
Step 2: Calculation of tax on net agricultural income + maximum exemption limit as per slab
rates, i.e., Rs. 5,50,000 (Rs. 3,00,000 + Rs. 2,50,000)Tax on the first Rs. 2,50,000 = Nil
15
Tax on next Rs. 2,50,000 = Rs. 2,50,000 x 5% = Rs. 12,500
Tax on balance Rs. 50,000 = Rs. 50,000 x 10% = Rs. 10,000
So, the total tax here stands as Rs. 22,500. (2)
Step 3: Calculation of the final tax as a difference of the figures derived in Step 1 and 2. The
difference between (1) and (2) is Rs. 50,000 (Rs. 72,500 – Rs. 22,500).
So, final tax = Rs. 50,000
(+) Health and Education cess @ 4% = Rs. 2000
Therefore, her total tax liability amounts to Rs. 52,000
16
REFERENCES
https://www.bankbazaar.com/tax/tax-on-agricultural-income.html accessed on 9th March, 2023
at 6:10 p.m.
https://blog.ipleaders.in/agricultural-income/ accessed on 9th March, 2023 at 7:30 p.m.
https://groww.in/p/tax/agricultural-income accessed on 10th March, 2023 at 5:30 p.m.
https://taxguru.in/income-tax/income-tax-treatment-taxability-of-agricultural-income.html
accessed on 10th March, 2023 at 10:00 p.m.
https://cleartax.in/s/income-tax-slabs accessed on 11th March, 2023 at 12:30 p.m.
https://incometaxindia.gov.in/Tutorials/2%20Tax%20Rates.pdf accessed on 12th March, 2023 at
4:30 p.m.
17