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

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.

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