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1999 (10) TMI 2

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..... rt of Andhra Pradesh (see [1988] 169 ITR 174), in a batch of cases. By that order, the High Court considered the effect of a combined reading of sections 2(1A) and 2(14) of the Income-tax Act, 1961, (hereinafter referred to as "the Act"), and has held that (i) capital gains arising from sale of land used for agricultural purposes would be revenue derived from such land and, therefore, "agricultura .....

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..... enge to this order is based on many grounds and our attention has been drawn to several decisions not only taking similar but also a contrary view. The respondents having remained ex parte, we requested Shri Dhruv Mehta, learned advocate, to assist the court as amicus curiae. We are beholden for the valuable assistance rendered by him to the court. By the Finance Act, 1989, Explanation to section .....

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..... i Dhruv Mehta pointed out that by an artificial definition introduced into the Act what is agricultural income cannot be treated otherwise. He also sought to explain the scheme of the entries in the different lists of the Constitution in support of his contention. Learned counsel for the appellants pointed out that under article 366(1) of the Constitution "agricultural income" has the same meanin .....

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