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Income Tax

Agricultural land situated in rural area is outside the purview of expression ‘capital asset’

Case Law Details

Case Name
DCIT Vs Janki Hitendrakumar Patel (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010-11
Advertisement DCIT Vs Janki Hitendrakumar Patel (ITAT Ahmedabad) CIT(A) has rightly concluded that the agricultural land parcels being situated in the rural area is outside the purview of expression ‘capital asset’ defined in Section 2(14) of the Act. Consequently, the rural agricultural land in question not being a capital asset is not susceptible to tax under s.45 r.w.s. 48 of the Act. The capital gains arising on sale of rural agricultural land (new asset) is thus outside the purview of taxation at the threshold. FULL TEXT OF THE ORDER OF ITAT AHMEDABAD The captioned appeal has been ...
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