Case Law Details

Case Name : Krishna Murthy Vallu Vs. ITO (ITAT Visakhapatnam)
Appeal Number : ITA No. 530/Vizag/2010
Date of Judgement/Order : 08/08/2011
Related Assessment Year : 2007- 08

Krishna Murthy Vallu Vs ITO (ITAT  Visakhapatnam)- If land which is sold is situated in an area which is comprised within the jurisdiction of a municipality, etc, then the said land is squarely covered by clause (a) of section 2(14)(iii) and would fall in the category of “Capital assets” even if it is held to be agricultural land. However, the assessee would be entitled for an exemption under section 54B on the reinvestment made by him in the purchase of another agricultural land subject to fulfilment of certain conditions.

The AO is not required to make a reference to the valuation officer if the assessee did not object before the AO for adopting the sales value determined for stamp duty purposes for computing the short-term capital gain as per the provisions of s 50C.

Krishna Murthy Vallu Vs. ITO

ITAT Visakhapatnam

ITA No. 530/Vizag/2010

Assessment Year: 2007- 08

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One Comment

  1. Chetanbharath says:

    Facts of the case: Assessee is a farmer and holds agricultural land for past 10 years. He entered into a sale agreement with buyer and at the request of the buyer, he converted the said land and sold it the very next day post conversion. Land was converted as buyer could not buy agricultural land. Assessee reinvested proceeds in another agr land and claimed exemption u/s 54B ITO not allowing 54B as on day of sale, land is not agri land. Seek your view with citations, especially Karnataka High Court Thanks in Advance
    C.A Chetan Bharath

  2. Chetanbharath says:

    Facts of the case: Assessee is a farmer and holds agricultural land for past 10 years. He entered into a sale agreement with buyer and at the request of the buyer, he converted the said land and sold it the very next day post conversion. Land was converted as buyer could not buy agricultural land. Assessee reinvested proceeds in another agr land and claimed exemption u/s 54B ITO not allowing 54B as on day of sale, land is not agri land. Seek your view with citations, especially Karnataka High Court Thanks in Advance
    C.A Chetan Bharath

  3. Chetanbharath says:

    Facts of the case: Assessee is a farmer and holds agricultural land for past 10 years. He entered into a sale agreement with buyer and at the request of the buyer, he converted the said land and sold it the very next day post conversion. Land was converted as buyer could not buy agricultural land. Assessee reinvested proceeds in another agr land and claimed exemption u/s 54B ITO not allowing 54B as on day of sale, land is not agri land. Seek your view with citations, especially Karnataka High Court Thanks in Advance
    C.A Chetan Bharath

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