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    <title>2018 (5) TMI 1870 - ITAT DELHI</title>
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    <description>Agricultural land is excluded from the capital asset definition where revenue records, local certificates, location beyond municipal limits, continued agricultural use, and absence of conversion or change of user cumulatively show its agricultural character; a small old structure and lack of substantial agricultural income are not conclusive, and the purchaser&#039;s later intended use is irrelevant. On that basis, sale proceeds attributable to the land were not chargeable as capital gains. A separate amount received under a compromise, settlement, withdrawal of litigation, and assignment arrangement was treated as taxable because it was not consideration for transfer of the agricultural land itself. No addition under section 115JB was warranted on the facts.</description>
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      <link>https://www.taxtmi.com/caselaws?id=280281</link>
      <description>Agricultural land is excluded from the capital asset definition where revenue records, local certificates, location beyond municipal limits, continued agricultural use, and absence of conversion or change of user cumulatively show its agricultural character; a small old structure and lack of substantial agricultural income are not conclusive, and the purchaser&#039;s later intended use is irrelevant. On that basis, sale proceeds attributable to the land were not chargeable as capital gains. A separate amount received under a compromise, settlement, withdrawal of litigation, and assignment arrangement was treated as taxable because it was not consideration for transfer of the agricultural land itself. No addition under section 115JB was warranted on the facts.</description>
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