No Tax on Capital Gains on Sale of Agricultural Land which is not a capital asset

Dashratbhai Gopalbhai Patel Vs ITO (ITAT Ahmedabad)

We find that the assessee has successfully demonstrated that the land parcels situated as Adalaj does not fall within the meaning of expression ‘Municipality’ or ‘Municipal Corporation’ and therefore falls in exception provided in sub-clause (a) to Section 2(14)(iii) of the Act. As stated on behalf of assessee, the development authority i.e. GUDA is a creation of statute. It cannot be equated with Municipal Corporation in the light of the ratio of decisions of Hon�

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