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Sunday 2 June 2013

Barren Land is not agricultural Land and liable for capital gains tax

Assessee sold the land and claimed the exemption on the said transaction treating the same as agricultural land. Tribunal held that land in question was a barren land surrounded by rocky mountains and not fit for agricultural operations. Sale of the said land was not for agricultural purpose but for purpose of construction of flats, therefore the land in question is capital asset and liable to capital gains tax. (A. Ys. 2002-03 to 2007-08).
Suresh Kumar D.Shah v. DCIT (2012) 49 SOT 341 (Hyd.)(Trib.)

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