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Microlesson · 5-min read

Agricultural Income - Exemption under Section 10(1)

# Agricultural Income - Exemption u/s 10(1)

## Constitutional Background

  • Entry 46, List II (State List) of the Seventh Schedule: Power to levy tax on agricultural income vests with States, not the Union.
  • The Central Government (under section 10(1) of Income-tax Act) exempts agricultural income arising in India from income tax.
  • This is why agricultural income is fully exempt at the Central level — it is purely a state matter.

## Definition - Section 2(1A)

The definition is very wide and covers income to:

  • Not only the cultivator of the land, but also
  • The landholder who has let out the land

## Forms of Agricultural Income

Agricultural income may be received in:

  • Cash, or
  • Kind (share of crops, etc.)

## Three Limbs of Section 2(1A)

1. (a) Any rent or revenue derived from land situated in India and used for agricultural purposes.

2. (b) Any income derived from such land by:

  • Agricultural operations
  • Performance of process to render produce marketable
  • Sale of such produce by the cultivator/receiver of rent-in-kind without further processing

3. (c) Income from a farm building required for agricultural operations (subject to conditions).

## Key Tests for 'Agricultural Income'

  • Land must be situated in INDIA (foreign agricultural income is taxable as 'Income from Other Sources').
  • Land must be used for AGRICULTURAL purposes.
  • Basic operations (tilling, sowing, planting, etc.) must be performed.

Worked example

### Example 1

Example: Mr. R, a landholder, rents out his agricultural land in Punjab to Mr. F (cultivator). Mr. F grows wheat and pays ₹2,00,000 rent to Mr. R, and also earns ₹5,00,000 from selling wheat.

Solution:

  • Rent of ₹2,00,000 received by Mr. R: Agricultural income under section 2(1A)(a) — exempt under section 10(1).
  • Sale proceeds of ₹5,00,000 by Mr. F (cultivator): Agricultural income under section 2(1A)(b) — exempt under section 10(1).

### Example 2

Example: Mr. K earns ₹3 lakh from his coffee plantation in Sri Lanka.

Solution:

  • Land NOT situated in India ⇒ does NOT qualify as agricultural income under section 2(1A).
  • Taxable as 'Income from Other Sources' (or PGBP, depending on facts).

⚠️ Common exam mistakes

  • Treating foreign agricultural income as exempt — section 2(1A) requires the land to be in INDIA.
  • Believing only the cultivator's income is agricultural — the landholder's rent/revenue also qualifies.
  • Assuming income in kind is not agricultural — both cash and kind are covered.
Bare-Act text 10(1) and 2(1A) · Income-tax Act, 1961 and Constitution of India · click to expand
Section 10(1): In computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included— (1) agricultural income. Constitution: List II (State List), Entry 46 — Taxes on agricultural income.
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