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Issues involved: Determination of whether income from the sale of sites should be assessable as capital gains or business profits.
Summary: The case involved a joint purchase of land by an assessee and his son, located in an urbanized area near big factories. The land was initially bought as agricultural land but was left fallow for several years. After obtaining permission for non-agricultural use, the land was developed into house sites and sold. The Income Tax Officer (ITO) assessed the income as business profits, considering the transaction as an adventure in the nature of trade. The Appellate Tribunal, however, ruled in favor of the assessee, stating it was a realization of investment rather than a trade activity. The High Court analyzed various legal principles from past judgments to determine the nature of the transaction. It was noted that the intention behind the purchase, the subsequent actions taken, and the overall circumstances must be considered collectively. In this case, the assessee's actions of leaving the land fallow for years, obtaining permission for non-agricultural use, and selling developed house sites indicated a clear intention to profit from the land sale. The Court disagreed with the Tribunal's view and held that the transaction was indeed an adventure in the nature of trade, not a mere investment realization. Therefore, the income from the sale of sites was deemed assessable as business profits, ruling in favor of the Revenue. No costs were awarded in the case.
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