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Expected business profit on entering into development agreement in respect of land held as stock-in-trade cannot be taxed as capital gain
Case Law Details
- Case Name
- Dheeraj Amin Vs ACIT (ITAT Banglore)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All ITAT, ITAT Bangalore
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Brief of the case:
In this case ITAT examined the issue that where an assessee entered into an land development agreement by holding land as stock-in-trade, the expected business profits arose as a result of agreement can be taxed as income from capital gain. Hon’ble ITAT held that no matter how reasonable is it to assume that the assessee will make these profits and thus cannot be brought to tax at this stage.
Facts of the case:
Assessee is engaged in the business as a builder and was absolute owner of a piece of land.
Assessee declared land stock in trade and on 07.05.2009 entered into a ...
