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    <title>2014 (12) TMI 9 - ITAT HYDERABAD</title>
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    <description>Agricultural land situated outside the notified municipal limits is excluded from the definition of capital asset, so profit on its sale is not taxable as capital gains; on the facts, the land retained its agricultural character and no conversion for non-agricultural use or trading activity was shown, so it was also not assessable as business income. A development agreement amounts to a deemed transfer under section 2(47)(v) only if it falls within section 53A of the Transfer of Property Act, including the transferee&#039;s readiness and willingness to perform. As the developer had not taken effective steps and the arrangement had broken down, no transfer arose under the deeming provision.</description>
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      <link>https://www.taxtmi.com/caselaws?id=253665</link>
      <description>Agricultural land situated outside the notified municipal limits is excluded from the definition of capital asset, so profit on its sale is not taxable as capital gains; on the facts, the land retained its agricultural character and no conversion for non-agricultural use or trading activity was shown, so it was also not assessable as business income. A development agreement amounts to a deemed transfer under section 2(47)(v) only if it falls within section 53A of the Transfer of Property Act, including the transferee&#039;s readiness and willingness to perform. As the developer had not taken effective steps and the arrangement had broken down, no transfer arose under the deeming provision.</description>
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