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Transfer of land would be treated as capital asset instead of stock in trade if no construction or business activity carried on same
Case Law Details
- Case Name
- M/s. AJB Developers Pvt. Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2014-2015
- Courts
- All ITAT, ITAT Delhi
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M/s. AJB Developers Pvt. Vs DCIT (ITAT Delhi)
Conclusion:
Where land was stock in trade in the books of account, but, there was a complete bar on assessee as per the Notification of the Ministry of Defence to raise any construction or to do any business activity therein, the land in question could not not be treated as stock in trade but as a capital asset in nature determining holding period from the date of acquisition.
Held:
Assessee sold the land which was converted in capital assets from 6th April 2012 and earlier the land was held as stock in trade. Assessee had shown the income under lo...
