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    <title>1981 (9) TMI 307 - GUJARAT HIGH COURT</title>
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    <description>Land must be judged on the totality of circumstances to determine whether it is agricultural for capital gains purposes, including revenue records, actual agricultural use, continuity of use, surrounding development, and the nature of the sale. Here, the land remained agricultural because it was recorded as such, assessed to land revenue, and actually used for agriculture for a substantial period, with no prior conversion or development destroying that character; the surplus was therefore not chargeable as capital gains. Permission sought under section 63 of the Bombay Tenancy and Agricultural Lands Act for sale to a housing society did not by itself alter the land&#039;s character, and non-agricultural permission under the land revenue law was not obtained before sale.</description>
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    <pubDate>Tue, 22 Sep 1981 00:00:00 +0530</pubDate>
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      <title>1981 (9) TMI 307 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=456746</link>
      <description>Land must be judged on the totality of circumstances to determine whether it is agricultural for capital gains purposes, including revenue records, actual agricultural use, continuity of use, surrounding development, and the nature of the sale. Here, the land remained agricultural because it was recorded as such, assessed to land revenue, and actually used for agriculture for a substantial period, with no prior conversion or development destroying that character; the surplus was therefore not chargeable as capital gains. Permission sought under section 63 of the Bombay Tenancy and Agricultural Lands Act for sale to a housing society did not by itself alter the land&#039;s character, and non-agricultural permission under the land revenue law was not obtained before sale.</description>
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      <pubDate>Tue, 22 Sep 1981 00:00:00 +0530</pubDate>
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