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of <h1>Land sale capital gains treated as long-term; separate asset under Income-tax Act</h1> <h3>Commissioner Of Income-Tax Versus Vimal Chand Hirawat</h3> Commissioner Of Income-Tax Versus Vimal Chand Hirawat - [1993] 201 ITR 442, 119 CTR 216 Issues involved: Determination of whether the capital gain arising from the sale of land should be treated as long-term capital gain.Summary:The case involved a dispute regarding the treatment of capital gains arising from the sale of land as long-term or short-term. The assessee purchased a plot of land and constructed a bungalow, which was later sold. The assessing authority initially considered the capital gains as short-term. However, after various appeals and valuation assessments, the Commissioner of Income-tax held that the gains should be recomputed based on the full consideration of the property. The assessee contended that the land and building should be treated as separate assets, with the land being a long-term capital asset. The Income-tax Appellate Tribunal agreed, stating that the capital gains from the sale of land should be treated as long-term capital gains. The Revenue argued against bifurcating the price of the composite property, citing a Supreme Court decision. However, the Tribunal held that under the Income-tax Act, land is treated as a separate asset, allowing for the bifurcation of the price. As the valuer and the Department had separately valued the land and superstructure, the Tribunal concluded that the capital gains from the sale of land should indeed be treated as long-term capital gains. The judgment favored the assessee, ruling against the Revenue.
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