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Case Law Details

Case Name : CIT Vs Vijay Singh Kadan (Delhi High Court)
Related Assessment Year :
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Suraj R. Agrawal Brief of the case-  Delhi High Court held in the case of CIT vs. Vijay Singh Kadan that to determine whether the “agricultural land” is situated within 8 km of the municipal limits so as to constitute a “capital asset”, the distance has to be measured in terms of the approach road and not by the straight line distance on horizontal plane or as per crow’s flight. Facts of the case: During the course of the assessment proceedings, the Assessing Officer (‘AO’) noted that on 9th September, 2005, the Assessee had sold a property admeasuring 5.9625 acres located...
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Suraj is the Founder of AventaaGlobal, a boutique advisory firm focused on global transfer pricing, international taxation, and FEMA matters. The firm works closely with multinational clients—both inbound and outbound—to assist them in managing their global tax strategies, optimizing cross-borde View Full Profile

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7 Comments

  1. RANA BISWAS says:

    Is there population criterion of concern municipality from which border distance of agricultural land is calculated? If yes kindly share details and oblige.

  2. Paras Chhajed says:

    If the land in question is baron land i.e. no agricultural operations are being carried out and the land is not diverted for non agricultural purposes and it is situated beyond 8 kms of local limits then whether it would be a capital asset ?

  3. Soumen J says:

    This is an interesting one.

    Can you tell us what would be situation (Capital asset or not) wherein the agricultural land was originally falling beyond 8 Kms from Municipal limits but due to extension of the municipal limit subsequently, the land came within the distance of 8 Kms?

  4. Soumen J says:

    This is an interesting one.

    Can you tell us what would be situation (Capital asset or not) wherein the agricultural land was originally falling beyond 8 Kms from Municipal limits but due to extension of the municipal limit subsequently, the land came within the distance of 8 Kms?

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