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    <title>2026 (8) TMI 1835 - ITAT PUNE</title>
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    <description>Agricultural land is excluded from capital-gains tax only when it is not a capital asset. Land acquired from an urban housing authority, without evidence of agricultural use since 1981 and situated near a railway station within municipal proximity, was treated as a capital asset; the resulting long-term capital gain was taxable in Assessment Year 2013-14. Where common funds are maintained and own funds exceed advances, advances are presumed to have been made from own funds rather than interest-bearing borrowings. Accordingly, no proportionate interest disallowance was warranted, while the capital-gains addition remained sustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=797961</link>
      <description>Agricultural land is excluded from capital-gains tax only when it is not a capital asset. Land acquired from an urban housing authority, without evidence of agricultural use since 1981 and situated near a railway station within municipal proximity, was treated as a capital asset; the resulting long-term capital gain was taxable in Assessment Year 2013-14. Where common funds are maintained and own funds exceed advances, advances are presumed to have been made from own funds rather than interest-bearing borrowings. Accordingly, no proportionate interest disallowance was warranted, while the capital-gains addition remained sustainable.</description>
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