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    <title>2025 (11) TMI 327 - ITAT BANGALORE</title>
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    <description>ITAT held the property was a capital asset, not stock-in-trade, rejecting the revenue&#039;s characterization of the sale as business income. The tribunal found the owner&#039;s dominant intention was investment for rental (post-construction attempts to let, consistent wealth-tax disclosure), the sale occurred after six years and was compelled by financial pressure, and exemption under s.54EC applies. AO and CIT(A) were directed to assess the profit as Capital Gains as returned by the assessee; the assessee&#039;s appeal was allowed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=780859</link>
      <description>ITAT held the property was a capital asset, not stock-in-trade, rejecting the revenue&#039;s characterization of the sale as business income. The tribunal found the owner&#039;s dominant intention was investment for rental (post-construction attempts to let, consistent wealth-tax disclosure), the sale occurred after six years and was compelled by financial pressure, and exemption under s.54EC applies. AO and CIT(A) were directed to assess the profit as Capital Gains as returned by the assessee; the assessee&#039;s appeal was allowed.</description>
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