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Khudkasht: Meaning & Relevance in Indian Real EstateMere Ownership of Agricultural Land Not Enough to Claim Agricultural Income, Rules ITAT
(ITAT) The Income Tax Appellate Tribunal , Chennai Bench, has held that simply owning agricultural land is not sufficient to justify claims of agricultural income. In a significant ruling, the Tribunal upheld the addition of 50% of the assessee’s declared agricultural income as unexplained under Section 68 of the Income Tax Act.
The assessee had filed his return declaring substantial agricultural income.
A search was conducted at his premises, after which assessment proceedings were reopened.
Assessment Officer’s Findings
The taxpayer claimed ownership of about 47 acres of wet and dry land.
However, he failed to provide supporting evidence of cultivation, such as:
- Land-revenue records (Chitta, Adangal)
- Details of agricultural expenditure
- Proof of sale of agricultural produce
Due to lack of documentation, the Assessing Officer treated the entire agricultural income as unexplained credit.
CIT(A) Observations
Only patta documents (land ownership) were submitted; no cultivation-related records were provided.
The assessee was unable to demonstrate actual agricultural operations.
Considering the circumstances, the CIT(A) accepted 50% of the declared agricultural income as reasonable and treated the remaining 50% as unexplained.
ITAT’s Decision
The Tribunal upheld the view of the CIT(A) and dismissed the assessee’s appeals for both assessment years.
Key observations:
Ownership of land does not automatically prove agricultural activity.
No evidence of expenditure, crop details, yield, or sales was produced.
Income claimed as agricultural income must be backed by verifiable records.
The ITAT concluded that treating half of the agricultural income as unexplained was justified.
Key Takeaways
Taxpayers claiming agricultural income must maintain:
- Cultivation records
- Expense details
- Sale receipts or proof of buyers
Mere possession of agricultural land is not enough to support agricultural income claims.
Inaccurate or unsubstantiated claims may lead to additions under Section 68 as unexplained credits.
Land Fragmentation Reform of Maharashtra, 2025: A BIG BOOST FOR LEGAL LANDOWNERSHIP!
Key Highlights of the 2025 Amendment
- The Maharashtra Government formulated an important ordinance, which dealt with changing the Tukde Bandi Kayda with a aim towards more control in land subdivision.
Crackdown on Illegal Fragmentation
– This update will involve increased monitoring in land registration to ensure there is no sale of illegally fragmented agricultural lands.
Streamlined Registration Process
– New measures that make it easier to register land parcel ownership, ensuring that subdivisions can be traced legally.
Regularisation of Old Land Deals
- There are 49 lakhs of land parcels, and the state aims to address these, which were earlier stagnated due to restrictions on land fragmentation.
– Such changes are aimed at making sure the land records are up to date and that there is no uncontrolled fragmentation of agricultural land.
Improved Transparency for Buyers
- With clear regulations and regularisation in place, it is easy to confirm ownership and prevent illegal practices under the current system.
For safe and verified land buying, contact Genuine Plots.
Investment opportunity at Pune: Pune is a safe haven where one can expect appreciation along with good growth in
NRIs can buy residential and NA plots in the Pune district legally.
Top Investment Zones: Talegaon, Shirwal, Hinjewadi Phase 3, Pir
Always verify the sale deed, NA order, and 7/12 extract before purchasing a plot.
Prefer to stay in a gated environment with security arrangements.
Still have doubts? You can contact Genuine Plots for safe buying.
Eco-village concepts are popular for NRI weekend stays & retirement plans.
Ensure the project land type is NA-converted, not purely agricultural.
Check for amenities: solar, water, internal roads, security, and farming activities.
Look for RERA-registered eco-projects near major cities like Pune & Mumbai.
Still have doubts? You can contact Genuine Plots for safe buying.
NRIs cannot buy a farmhouse on agricultural land, but can buy:
Villa plots
NA farmhouse plots
Weekend home plots
Ensure the project is in the Residential/Agri-Residential/NA Zone.
Check for proper mutation entries and fencing.
Still have doubts? You can contact Genuine Plots for safe buying.
Telangana follows central FEMA rules—
NRIs cannot directly purchase agricultural land, plantation properties, or farmhouse plots.
Only resident Indian citizens are eligible to buy agricultural properties.
NRIs can inherit but cannot buy agricultural lands.
If you still want to have farmland, you should consider the 'Converted (NA)' or 'Farmhouse' plots because they are available for legal purchase.
Due diligence is essential because the titles, permits, and other regulations regarding the land should be checked.
Still have doubts? You can contact Genuine Plots for safe buying.
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