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    <title>Decision upholds surplus from land sale taxed as capital gains, not business income; revenue appeal dismissed</title>
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    <description>ITAT upheld the CIT(A)&#039;s determination that the surplus from the sale of land is assessable under the head &quot;capital gains&quot; and not as business income, dismissing the Revenue&#039;s appeal. The Tribunal concurred with the finding that the properties were divested after a considerable lapse of time and that the assessee lacked intention to carry on a land-trading or real-estate business; consequently the AO&#039;s characterization of the transactions as an adventure in the nature of trade was rejected. The ITAT relied on the assessee&#039;s prior favorable orders for earlier assessment years as directly applicable and remitted action to the AO to assess the surplus as capital gains in accordance with law.</description>
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    <pubDate>Mon, 06 Oct 2025 09:11:32 +0530</pubDate>
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      <title>Decision upholds surplus from land sale taxed as capital gains, not business income; revenue appeal dismissed</title>
      <link>https://www.taxtmi.com/highlights?id=93116</link>
      <description>ITAT upheld the CIT(A)&#039;s determination that the surplus from the sale of land is assessable under the head &quot;capital gains&quot; and not as business income, dismissing the Revenue&#039;s appeal. The Tribunal concurred with the finding that the properties were divested after a considerable lapse of time and that the assessee lacked intention to carry on a land-trading or real-estate business; consequently the AO&#039;s characterization of the transactions as an adventure in the nature of trade was rejected. The ITAT relied on the assessee&#039;s prior favorable orders for earlier assessment years as directly applicable and remitted action to the AO to assess the surplus as capital gains in accordance with law.</description>
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      <pubDate>Mon, 06 Oct 2025 09:11:32 +0530</pubDate>
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