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Income Tax

Capital Gains Deleted as Land Retained Agricultural Character at Time of Sale

Case Law Details

Case Name
Hiten Tulshibhai Engineer Vs ITO (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
Advertisement 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...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,864

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