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    <title>2013 (8) TMI 760 - ITAT CHENNAI</title>
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    <description>Agricultural land retained its character as agricultural land where it had been long held as such in revenue records, and a short period of non-cultivation did not convert it into a capital asset; the purchaser&#039;s later intended non-agricultural use was not decisive. No prejudicial violation of Rule 46A was established on admission of the purchaser&#039;s letter. An unregistered agreement coupled with delivery of possession constituted transfer under part performance principles, so transfer was recognised on 20.04.2007. For the capital asset distance test, crow&#039;s flight measurement was rejected in favour of the legally relevant distance method.</description>
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      <description>Agricultural land retained its character as agricultural land where it had been long held as such in revenue records, and a short period of non-cultivation did not convert it into a capital asset; the purchaser&#039;s later intended non-agricultural use was not decisive. No prejudicial violation of Rule 46A was established on admission of the purchaser&#039;s letter. An unregistered agreement coupled with delivery of possession constituted transfer under part performance principles, so transfer was recognised on 20.04.2007. For the capital asset distance test, crow&#039;s flight measurement was rejected in favour of the legally relevant distance method.</description>
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