HC upheld the tax authorities' determination that the disputed ...

Tax Authorities' Finding of Non-Agricultural Land Status Under Section 2(14)(iii) Upheld Despite Revenue Records Showing Otherwise

February 18, 2025

Case Laws Income Tax HC

HC upheld the tax authorities' determination that the disputed land was not agricultural land under Section 2(14)(iii) of the Income Tax Act, making gains from its sale taxable as capital gains. Despite 7/12 land revenue extracts showing agricultural status, three authorities consistently found no actual agricultural use by the assessee after evaluating all evidence. The court declined to reassess evidence sufficiency, noting its limited jurisdiction under Section 260A. The authorities' factual findings were deemed adequately supported by record evidence, distinguishing this case from Shri Shankar Dalal where arbitrary land classification was overturned. The appeal was dismissed, confirming the land's non-agricultural status for tax purposes.

View Source

← Previous Next →

HC upheld the tax authorities' determination that the disputed ...

Tax Authorities' Finding of Non-Agricultural Land Status Under Section 2(14)(iii) Upheld Despite Revenue Records Showing Otherwise

February 18, 2025

Case Laws Income Tax HC

You may also like:

The Appellate Tribunal addressed the issue of whether land sold should be treated as agricultural for Long Term Capital Gains (LTCG) purposes. The Department did not...

Nature of land sold - Capital asset u/s 2(14) or agricultural land - If both the conditions are present then it would not be agricultural land and would be treated as...

Compensation received under an award passed by the Land Acquisition Officer u/s 24(1) of the Right to Fair Compensation and Transparency in Land Acquisition,...

Nature of land sold - capital asset u/s 2(14) or agricultural land - If the previous owner did not carry out agricultural activity on an agricultural land, however did...

Nature of land sold appurtenant to the bungalow - whether agricultural land within the meaning of Section 2(14)(a)(iii) of the Act and hence, its sale proceeds are...

Nature of agricultural land sold - In the activities permitted on conversion of the land into farm house is restricted to the environmental friendly residence....

Addition of undisclosed income arising out of sale of land - on-money - Once, nature and character of land sold is established as agricultural land not to be treated as...

Long term capital gain - agricultural land - capital asset u/s 2(14) - land as situated within Municipal Limit or not?- it can be held that “Dharuhera” of District...

Capital gain on sale of land - Nature of land sold - agricultural land - calculation of shortest route - , although there is no doubt that conflicting reports were...

The ITAT considered an appeal regarding an addition u/s 56(2)(x) where the property in question was agricultural land. The difference between the consideration paid and...

Assessee's gains were profits from sale of specified agricultural land which does not come within the definition of asset as prescribed under s. 2(14) and by virtue of s....

Land sold is agricultural land or it is to be treated as a capital asset in the terms of section 2(14) of the Act – Even if no agricultural production was done by the...

Nature of land sold - agricultural land or capital asset - the land is not subjected to any conversion as non-agricultural land by the assessee or any other concerned...

The Kerala High Court disallowed interest expense claimed by the appellant u/s 36 of the Income Tax Act as it was incurred on a loan used to purchase agricultural land...

Penalty u/s 271(1)(c) - AO directed to call for record of the alleged agricultural land and find out whether it was an agricultural land not falling within the ambit of...

Quick Updates: