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Section 50C not applies to Agricultural Land
Case Law Details
- Case Name
- Anilkumar Kantilal Trivedi Vs ITO (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Ahmedabad
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Anilkumar Kantilal Trivedi Vs ITO (ITAT Ahmedabad)
The assessee has sold agricultural land and, therefore, the same cannot be termed as capital asset and will not come under the purview of Section 50C of the Act. The reference to DVO by adopting Fair market Value was not justified in the present case as the said report whether has taken the aspect of Sale Deed of agricultural land or not has not been pointed out by the Assessing Officer. In the present case, the addition in respect of Section 50C is not justifiable since the agricultural land sale was executed on 27.09.2010 at the prevailing J...
What would be the case if the land was within 8 kms. of Municipal limits BUT was agricultural and regularly cultivated / ploughed and so recorded in Girdawari of crops harvested ? It would still not be capital asset attracting CG Tax ?
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