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    <title>2018 (9) TMI 149 - ITAT INDORE</title>
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    <description>Profit from sale of land was characterised as business income rather than capital gain where the land was acquired over different periods, pooled with other owners, developed through a common project, and sold in plotted form through a developer-led arrangement. The determining test was the cumulative effect of the assessee&#039;s conduct, the organised manner of development and sale, repeated purchases in the same vicinity, and the commercial character of the venture. On those facts, the dominant intention was profit-making through a business project, so the transaction was treated as an adventure in the nature of trade and the sale proceeds were taxable as business income.</description>
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      <link>https://www.taxtmi.com/caselaws?id=366413</link>
      <description>Profit from sale of land was characterised as business income rather than capital gain where the land was acquired over different periods, pooled with other owners, developed through a common project, and sold in plotted form through a developer-led arrangement. The determining test was the cumulative effect of the assessee&#039;s conduct, the organised manner of development and sale, repeated purchases in the same vicinity, and the commercial character of the venture. On those facts, the dominant intention was profit-making through a business project, so the transaction was treated as an adventure in the nature of trade and the sale proceeds were taxable as business income.</description>
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