Am I eligible for EWS certificate after selling agricultural land?
We sold our rural agricultural land in January 2024. Since it is rural agricultural land, it is not classified as a capital asset, meaning there is no tax on the profit from the sale, and there is no need to mention it in the ITR. Now, I want to apply for an EWS certificate for the FY 2023-24, which will be valid for the year 2024-25. My question is: Am I legally eligible to receive this certificate if all other criteria set by the Central Government are fulfilled? The sold land was more than 5 acres, but currently, we don't own more than 5 acres. This means that for 10 months in FY 2023-24, we had more than 5 acres of agricultural land, but for the last 2 months, we didn’t. How will this be counted, and am I legally eligible to receive an EWS certificate in this situation, assuming all other criteria are met?
According to EWS certificate guidelines, eligibility is typically determined based on the family's status at the time of application, not historical ownership. However, since you owned more than 5 acres of agricultural land for the majority of FY 2023-24 (which is the relevant assessment year for a 2024-25 certificate), you would likely be ineligible for an EWS certificate even if you meet all other criteria. The government generally considers the entire financial year's circumstances when evaluating EWS eligibility, not just the current status at the time of application, as this prevents temporary transfers of assets from being used to claim benefits.
Sir, you can likely get the EWS certificate if you don't own more than 5 acres of land now, even though you did for most of FY 2023-24. The eligibility depends on your current landholding, not what you owned earlier. Since you sold the land, you should meet the requirements, but it is best to check with local authorities to be sure. For further legal assistance contact us on our helpline number.
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