Land with no agricultural activities situated within 8 km. of local municipal limits is capital asset

Girdhari Lal Vs ITO (ITAT Delhi)

The test for determining whether the impugned land is agriculture bear mainly on the nature or character of the land, and not merely on the actual user or non-user at a particular point of time. If the land is not actually appropriated for agricultural purposes, the minimal requirement is that it should be set apart for being used for agricultural purposes and should be such as could reasonably be so used without alteration of its character, entries in the revenue records bei

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