<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2025 (1) TMI 1726 - ITAT CUTTACK</title>
    <link>https://www.taxtmi.com/caselaws?id=465789</link>
    <description>Whether compensation on compulsory acquisition was taxable as LTCG turned on whether the land was a &quot;capital asset&quot; under s 2(14)(iii)(b). The Tribunal held that, per Explanation 2 to CBDT Notification dated 06.01.1994, municipal limits for distance computation must be taken as they existed on 06.01.1994, and since the Amin&#039;s report indicated the land lay beyond 2 km from the municipal border (as against the lower authority&#039;s measurement method), the AO was directed to re-measure the distance accordingly; if beyond 2 km and land particulars tally, compensation is treated as agricultural income, failing which it is taxable as LTCG. Appeal partly allowed for statistical purposes.</description>
    <language>en-us</language>
    <pubDate>Mon, 27 Jan 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 08 Jan 2026 21:13:45 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=876975" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (1) TMI 1726 - ITAT CUTTACK</title>
      <link>https://www.taxtmi.com/caselaws?id=465789</link>
      <description>Whether compensation on compulsory acquisition was taxable as LTCG turned on whether the land was a &quot;capital asset&quot; under s 2(14)(iii)(b). The Tribunal held that, per Explanation 2 to CBDT Notification dated 06.01.1994, municipal limits for distance computation must be taken as they existed on 06.01.1994, and since the Amin&#039;s report indicated the land lay beyond 2 km from the municipal border (as against the lower authority&#039;s measurement method), the AO was directed to re-measure the distance accordingly; if beyond 2 km and land particulars tally, compensation is treated as agricultural income, failing which it is taxable as LTCG. Appeal partly allowed for statistical purposes.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Mon, 27 Jan 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=465789</guid>
    </item>
  </channel>
</rss>