ITAT upheld Revenue's classification of the agricultural land as...
Revenue classification: agricultural land treated as capital asset under s.2(14)(iii)(b); consideration fixed at Rs.1,00,44,000; s.54F exemption allowed
📋
Contents
Cases Cited
Referred In
Notifications
Circulars
Forms
Manuals
Acts
Rules & Regulations
Case Laws New
Ref Provisions New
Plus +
Source NTF
Summary
Similar
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
ITAT upheld Revenue's classification of the agricultural land as a "capital asset" under s.2(14)(iii)(b) given its proximity to municipal limits and absence of cogent evidence from the assessee that the distance exceeded eight kilometres, and dismissed that ground. However, ITAT held AO erred in adopting Rs.2,50,00,000 as full value of consideration for 30.35 cents, finding the registered sale deed and books of account establish the consideration at Rs.1,00,44,000; the AO's addition of Rs.1,49,56,000 is deleted and LTCG is to be recomputed on Rs.1,00,44,000. The claim to distribute proceeds as ancestral property was rejected for lack of evidence. Exemption under s.54F was allowed for specified house-construction investments and LTCG to be recomputed accordingly.
Note: It is a system-generated summary and is for quick reference only.