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Capital Gains Deleted as Land Retained Agricultural Character at Time of Sale
Case Law Details
- Case Name
- Hiten Tulshibhai Engineer Vs ITO (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2016-17
- Courts
- All ITAT, ITAT Ahmedabad
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Hiten Tulshibhai Engineer Vs ITO (ITAT Ahmedabad)
The Income Tax Appellate Tribunal, Ahmedabad Bench, adjudicated an appeal concerning addition of ₹3,56,70,539 as undisclosed capital gains arising from sale of land for Assessment Year 2016–17. The assessee had sold land to a company for ₹3,86,98,710 but did not offer any capital gains to tax, contending that the land was “rural agricultural land” and therefore not a “capital asset” under Section 2(14)(iii) of the Income Tax Act. The Assessing Officer rejected this claim, treating the land as non-agricultural on t...





