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    <title>2026 (8) TMI 380 - ITAT AHMEDABAD</title>
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    <description>Agricultural land demonstrably used for cultivation until transfer retained its agricultural character despite tenancy-law permission before sale and the purchaser obtaining non-agricultural permission later; gains on transfer were therefore not taxable as capital gains. Agricultural receipts supported by undisputed bills, recorded in the books and consistent with earlier disclosures could not be treated as unexplained income merely because they were omitted from the return. Share-sale profit remained taxable as long-term capital gain because the assessee did not hold the controlling stake or management of the company, defeating the basis for characterising the sale as a business venture. All three additions were deleted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=796507</link>
      <description>Agricultural land demonstrably used for cultivation until transfer retained its agricultural character despite tenancy-law permission before sale and the purchaser obtaining non-agricultural permission later; gains on transfer were therefore not taxable as capital gains. Agricultural receipts supported by undisputed bills, recorded in the books and consistent with earlier disclosures could not be treated as unexplained income merely because they were omitted from the return. Share-sale profit remained taxable as long-term capital gain because the assessee did not hold the controlling stake or management of the company, defeating the basis for characterising the sale as a business venture. All three additions were deleted.</description>
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