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Section 2(7): Who Is an "Agriculturist" Under GST

The word carries a specific legal meaning, and it is much narrower than "farmer". Two filters apply, and a person who fails either one is not an agriculturist however genuinely...

Vikas Sharma Tax & Compliance Expert
7 min read 7 views Updated Sep 10, 2026 Expert Reviewed Medium Complexity
Section 2(7): Who Is an "Agriculturist" Under GST
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Last updated: September 2026Verified against: Government sources
Quick Answer

The word carries a specific legal meaning, and it is much narrower than "farmer". Two filters apply, and a person who fails either one is not an agriculturist however genuinely agricultural the activity.

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The word carries a specific legal meaning, and it is much narrower than "farmer". Two filters apply, and a person who fails either one is not an agriculturist however genuinely agricultural the activity.

Filter one: the constitution of the person

Only an individual or a Hindu Undivided Family can be an agriculturist. Nothing else in the section 2(84) list of persons qualifies.

So none of these is an agriculturist, however extensive the farming:

PersonAgriculturist?
An individual farmerYes, if filter two is met
A Hindu Undivided FamilyYes, if filter two is met
A partnership firm of farmersNo
A company or LLPNo
A co-operative societyNo
A trust or societyNo

The Handbook states the consequence plainly: "The exemption from registration is dependent on status of the supplier and not based on the commodity involved. Person other Individual or HUF does not enjoy this exemption and will be liable for registration as well as payment of tax if the agricultural produce grown by them is not exempt from tax."

And it notes why this rarely bites: "Majority of farmers in India are small farmers doing farming in individual or HUF capacity. They will thus not be covered under GST."

Filter two: who supplies the labour

The person must undertake cultivation of land in one of three ways:

  • (a) by own labour — the cultivator works the land himself;
  • (b) by the labour of family — "family" is defined at section 2(49) as "the spouse and children of the person, and the parents, grand-parents, brothers and sisters of the person if they are wholly or mainly dependent on the said person";
  • (c) by servants on wages payable in cash or kind, or by hired labour under personal supervision or the personal supervision of any member of the family.

Clause (c) carries the operative words: "under personal supervision". Hired labour does not destroy the status; absentee ownership does. A landowner who employs a manager and never supervises the cultivation himself, nor through a family member, is outside clause (c).

And note the asymmetry inside section 2(49). Spouse and children count without any dependency test; parents, grandparents, brothers and sisters count only if wholly or mainly dependent.

"Cultivation of land" is the boundary of the relief

Even where a person is an agriculturist, the relief in section 23(1)(b) is confined "to the extent of supply of produce out of cultivation of land".

The Handbook draws the line at the point of deviation: "If an agriculturist undertakes supplies which are not linked to the cultivation of land, he will fall within the provisions of sections 22 and may have to take registration in respect of such supplies. It is important to consider the nature of activities undertaken by the agriculturist. If the process deviates from 'cultivation' it will travel outside the scope of this exclusion from registration."

Two practical consequences.

Processing and trading break the relief. "if an agriculturist engages in any other taxable activity, such as processing, packaging, or trading of agricultural produce, etc., then he or she will be liable to register under GST based on the taxability of those activities."

And renting is not cultivation. An agriculturist who lets out a tractor, a warehouse or a shed is making a supply of services, not supplying produce out of cultivation of land.

Why the status matters in three places

Registration. Section 23(1)(b) — no registration to the extent of produce out of cultivation of land. The section 23(1)(b) relief →

Reverse charge on goods. Notification No. 4/2017-CT(Rate) puts four categories under reverse charge specifically when the supplier is an agriculturist — cashew nuts not shelled or peeled (0801), bidi wrapper leaves (1404 90 10), tobacco leaves (2401) and raw cotton (5201). The registered buyer pays.

The design is deliberate. As the Handbook puts it: "It should be noted that the exclusion from the requirement to be registered does not result in non-collection of tax on agricultural produce. In this case as per Section 9(3)… on supply of certain goods by agriculturist, the recipient has to pay tax under Reverse Charge." The Notification No. 4/2017 entries →

Circular-level clarifications. Circular No. 247/04/2025-GST dated 14.02.2025 confirms that "an agriculturist supply of dried pepper from their plantation to the extent of the supply of produce out of cultivation of land is not liable to take registration under Section 23(1) of CGST Act", and "an agriculturist supplying raisins is not liable to be registered under Section 23(1) of the CGST Act, and is exempt from GST."

Note what that circular really decides. Dried pepper is taxable goods — HSN 0904, 5% under S. No. 38 of Schedule I of Notification No. 1/2017-CT(Rate), now superseded by Notification No. 09/2025-CT(Rate) dated 17.09.2025. The agriculturist still need not register, because section 23(1)(b) turns on who is supplying and out of what, not on whether the goods are exempt.

"Agriculturist" against "agricultural produce"

The two terms do different work and are frequently confused.

Agriculturist — s.2(7)Agricultural produce — para 2(d), Notn 11/2017 and 12/2017
What it describesA personGoods
TestIndividual or HUF + cultivation by own, family or supervised labourNo processing, or processing usually done by a cultivator that does not alter essential characteristics and makes it marketable for the primary market
What it governsRegistration relief; RCM on four goodsService exemptions in entries 54, 24, 21, 20 etc.

They can come apart in both directions. A company growing paddy supplies agricultural produce but is not an agriculturist. An individual farmer selling jaggery he has boiled is an agriculturist supplying goods that are not agricultural produce. What counts as agricultural produce →

Key takeaways

  • Section 2(7) confines "agriculturist" to an individual or a Hindu Undivided Family.
  • A company, LLP, firm, society or trust is never an agriculturist, whatever its farming operations.
  • Cultivation must be by own labour, family labour, or servants and hired labour under personal supervision — absentee cultivation fails clause (c).
  • "Family" (s.2(49)) includes spouse and children unconditionally; parents, grandparents, brothers and sisters only if wholly or mainly dependent.
  • The registration relief extends only to the extent of produce out of cultivation of landprocessing, packaging and trading are outside it.
  • Circular No. 247/04/2025-GST confirms the relief for dried pepper and raisins, even though the goods are taxable.
  • The status also triggers reverse charge under Notification No. 4/2017-CT(R) on cashew nuts, tendu leaves, tobacco leaves and raw cotton.
  • "Agriculturist" describes a person; "agricultural produce" describes goods — the two tests are independent.

Read next

Disclaimer: Positions stated as on 5 September 2026, based on sections 2(7), 2(49), 2(84), 22, 23 and 24 of the CGST Act, 2017, Notification No. 4/2017-Central Tax (Rate), Notification No. 09/2025-Central Tax (Rate) dated 17 September 2025 and Circular No. 247/04/2025-GST dated 14 February 2025, as reproduced in the ICAI Handbook on Applicability of GST on Agricultural Sector (January 2026, law updated to 31 December 2025).

Key Facts About Section 2

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can a company be an agriculturist under GST?

No. Section 2(7) limits the definition to an individual or a Hindu Undivided Family.

Does hiring labour destroy agriculturist status?

No, provided the hired labour or servants work under the personal supervision of the cultivator or a member of his family — clause (c) of section 2(7).

Over 90% of compliance penalties in India arise from missed due dates — timely handling can save businesses thousands of rupees each year.

— TaxClue Compliance Desk

Section 2: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Frequently Asked Questions
Can a company be an agriculturist under GST?
No. Section 2(7) limits the definition to an individual or a Hindu Undivided Family.
Does hiring labour destroy agriculturist status?
No, provided the hired labour or servants work under the personal supervision of the cultivator or a member of his family — clause (c) of section 2(7).
Who counts as "family" for section 2(7)?
Section 2(49): the spouse and children of the person, and parents, grandparents, brothers and sisters who are wholly or mainly dependent on him.
Is a farmer who also trades in produce still exempt from registration?
Only to the extent of produce out of cultivation of his land. Trading, processing or packaging are separate activities and are tested on their own taxability.
Is a farmer selling dried pepper required to register?
No. Circular No. 247/04/2025-GST confirms that an agriculturist supplying dried pepper, or raisins, from his own plantation is not liable to register under section 23(1).
Is every supply by an agriculturist exempt?
No. The relief is from registration, not from tax. Notification No. 4/2017-CT(R) makes the registered buyer liable under reverse charge on cashew nuts not shelled or peeled, tendu leaves, tobacco leaves and raw cotton.
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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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