ITO, WARD-9(4), HYD, HYDERABAD vs. KRISHNA CHIGULLAPALLY, HYD, HYDERABAD
What did the Tribunal hold?
The Tribunal noted that neither the Assessing Officer nor the CIT(A) had explicitly opined on the applicability of Section 2(14) of the Act, which defines a capital asset, in relation to the assessees' lands. While both parties presented arguments, the core issue of whether the land constituted a capital asset under Section 2(14)(iii)(a) and (b) remained undecided. Consequently, the Tribunal deemed it appropriate to restore this clinching issue back to the Assessing Officer for a fresh decision. The Assessing Officer is directed to determine the applicability of Section 2(14) based on the municipal limits prescribed by official gazette notifications as they existed on the date of transfer, not thereafter. The assessees are granted liberty to raise all admissible factual and legal submissions. The issue regarding transfer under Section 2(47)(v) was rendered academic and not adjudicated.
What were the facts?
The appeals by the Revenue against the orders of the CIT(A)-7, Hyderabad, pertain to five assessees for the assessment year 2008-09. The cases involved proceedings under Section 143(3) read with Section 148 of the Income Tax Act, 1961. The Assessing Officer had treated Joint Development Agreements (JDAs) and subsequent sale deeds as transfers under Section 2(47)(v) of the Act, leading to the assessment of long-term capital gains. The assessees co-owned land in Thummalur and Kothur villages. The Assessing Officer determined long-term capital gains of Rs. 14,92,89,030/- for each assessee. The CIT(A) reversed the Assessing Officer's action, holding the land as agricultural and not a capital asset. The Revenue appealed this deletion.
What were the issues?
1. Whether the land in question, transferred through a Joint Development Agreement (JDA), is a capital asset within the meaning of Section 2(14) of the Income Tax Act, 1961, and thus gives rise to long-term capital gains? Assessee's contentions: The land is agricultural, and agricultural operations were carried on, with agricultural income declared and accepted. There was no 'transfer' under Section 2(47) as possession was not given, and the developer showed no willingness to execute the project. The developer later served a notice for cancellation. Revenue's contentions: The land is not agricultural, as evidenced by its sale to a non-agriculturist for non-agricultural purposes at a price comparable to building sites, and its proximity to Hyderabad International Airport. These factors outweigh evidence like land records and payment of land revenue, as decided in ITO vs. Aboobucker (67 Taxmann.com 114). The assessees applied for municipal permissions for development after the JDA and sale deeds. 2. Whether there was a 'transfer' within the meaning of Section 2(47)(v) of the Act?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- ITO (Intl.Tax), Chennai v. Aboobucker6 citing67 Taxmann.com 114
Income Tax Appellate Tribunal, HYDERABAD BENCHES “B” : HYDERABAD
Before: SHRI S.S.GODARA
O R D E R PER S.S.GODARA, J.M. :
These five Revenue’s appeals, involving as many assessees arise against the CIT(A)-7, Hyderabad’s separate orders; all dated 25-02-2016 passed in case Nos.1068, 1057, 1064, 1063 & 1066/CIT(A)-7/2014-15, involving proceedings u/s.143(3) r.w.s.148 of the Income Tax Act, 1961 [in short, ‘the Act’]; respectively. Heard both the parties. Case files perused.
:- 2 -: to 909/Hyd/2016
It transpires at the outset that the Revenue’s identical substantive grounds in all the five instant appeals read as under: “1. (i)CTT(A) erred in not appreciating the following facts which indicate that the impugned land was not an Agricultural Land: a) The Land is sold to a Non-Agriculturist for Non-Agricultural purposes. b) The Land is said at a price comparable to the price fetched by building sites. It may be noted that the proposed investment by the Real Estate Company is approximately Rs.900 Crores for 86 Acres which works out to investment of around Rs.10 crores per Acre. c) The price is such that no bonafide Agriculturist would purchase the same for genuine Agricultural Operations. d) The land is situated in an Area which is in proximity to the Hyderabad International Airport. (ii) CIT(A) erred by ignoring the fact that the aforesaid factors outweigh other circumstances such as recording in land records as agricultural land, payment of land revenue, disclosing agricultural income in returns etc., as decided by Hon'ble Chennai ITAT in the case of ITO (Intl.Tax), Chennai vs. Aboobucker (67 Taxmann.com 114- 2016)”.
Relevant facts pertaining to the foregoing sole issue of assessment of long term capital gains in all these five cases does not appear to involve a complicated backdrop. Suffice to say, all these assessees had been co-owning/co-possessing their land(s) situated in Thummalur Village, Maheswaram Mandal, R.R.District and adjoining Kothur Village. They had entered into the Joint Development Agreement(s) ‘JDAs’ in issue dt.27-09-2007 followed by the respective sale deed(s) as well. The Assessing Officer inter alia took note of the foregoing JDA and sought to treat the same as transfer(s) u/s.2(47)(v) of the Act. We note from the lead assessment year appeal for AY.2008-09 that he inter alia considered
:- 3 -: to 909/Hyd/2016 the nature of the land to be agricultural or not followed by his detailed adjudication on the issue of Section 2(47)(v) transfer, and payments of alleged exorbitant consideration running into crores to hold that the same gave rise to long term capital gains of Rs.14,92,89,030/- each. He thus framed his consequential assessment(s) on these very lines making the impugned addition in the five assessees’ hands.
The CIT(A) has reversed the Assessing Officer’s action as under:
:- 4 -: to 909/Hyd/2016 :- 5 -: to 909/Hyd/2016 :- 6 -: to 909/Hyd/2016 :- 7 -: to 909/Hyd/2016 :- 8 -: to 909/Hyd/2016
:- 9 -: to 909/Hyd/2016 :- 10 -: to 909/Hyd/2016 :- 11 -: ITA Nos. 905 to 909/Hyd/2016 :- 12 -: ITA Nos. 905 to 909/Hyd/2016 :- 13 -: ITA Nos. 905 to 909/Hyd/2016 :- 14 -: ITA Nos. 905 to 909/Hyd/2016 :- 15 -: ITA Nos. 905 to 909/Hyd/2016 :- 16 -: ITA Nos. 905 to 909/Hyd/2016 :- 17 -: ITA Nos. 905 to 909/Hyd/2016 :- 18 -: ITA Nos. 905 to 909/Hyd/2016 :- 19 -: ITA Nos. 905 to 909/Hyd/2016 :- 20 -: ITA Nos. 905 to 909/Hyd/2016 :- 21 -: ITA Nos. 905 to 909/Hyd/2016 :- 22 -: ITA Nos. 905 to 909/Hyd/2016 :- 23 -: ITA Nos. 905 to 909/Hyd/2016 :- 24 -: ITA Nos. 905 to 909/Hyd/2016 :- 25 -: ITA Nos. 905 to 909/Hyd/2016 :- 26 -: ITA Nos. 905 to 909/Hyd/2016 :- 27 -: ITA Nos. 905 to 909/Hyd/2016 :- 28 -: ITA Nos. 905 to 909/Hyd/2016 :- 29 -: ITA Nos. 905 to 909/Hyd/2016 :- 30 -: ITA Nos. 905 to 909/Hyd/2016
Learned departmental representative vehemently contended during the course of hearing that the CIT(A) has erred in law and on facts and in deleting the impugned long term capital gain’s identical addition in these five assessees’ hands. He sought to buttress the relevant factual backdrop inter alia that these assessees’ lands are not agricultural in nature; they fall within the municipal limits of the Hyderabad Development Authority area, all taxpayers had executed a ‘JDA’ and sale deed(s) with the developer, they had not been carrying out any agricultural activity and the impugned long term capital gains addition deserves to be restored. Dr.Rajendra Kumar, further stated that it is the assessees only who had applied for all the necessary municipal permission qua land’s development as well as the ancillary formalities even well after the ‘JDA’ and sale deed(s) and the Assessing Officer has rightly assessed them for having derived long term capital gains.
:- 31 -: to 909/Hyd/2016
Learned authorised representative on the other hand invited our attention to the assessee’s stand adopted through out, right from scrutiny till the CIT(A)’s order inter alia highlighting the fact that their lands concerned are agricultural and not capital assets giving rise to the impugned long term capital gains. They are purely agricultural lands. And that the vendee(s) concerned had undertaken all the risk and responsibility to develop the same dt.
We have given our thoughtful consideration to Revenue’s foregoing contentions. We find no reason to sustain either parties submissions in entirety. We make it clear first of all that there is no clarity on the basic clinching issue as to whether the lands concerned forming subject matter of the impugned transfer herein formed a capital asset u/s.2(14)(iii)(a) and (b) of the Act or not. Although both the learned representatives have argued sufficiently on all the foregoing issues, we find that the Assessing Officer as well as the CIT(A) nowhere express any opinion on the application of the foregoing statutory provision defining a capital asset which could be held as giving rise to the impugned capital gains. Dr.Rajendra Kumar, at this stage sought to invite our attention to the fact that these assessees had in fact applied for permission from the Hyderabad Municipal Authority ‘HMDA’ very well after the impugned transfer by way of the JDA as well as the sale deed (supra). Mr.Rao nowhere disputed application of Section 2(47)(v) on the other hand. Faced with this situation, we deem it appropriate to restore the instant clinching issue back to the Assessing Officer to decide the applicability of Section 2(14) of the Act :- 32 -: to 909/Hyd/2016 qua the assessees’ lands sold during the relevant previous year. It is made clear that the Assessing Officer shall go by the corresponding municipal limits prescribed by the official gazette notification as applicable on the date of transfer only and not thereafter. Needful shall be done within three effective opportunities of hearing. It is further made abundantly clear that all these assessees shall be at liberty to raise as all factual/legal submissions as are admissible to them under the law.
All these Revenue’s five appeals are treated as allowed for statistical purposes in foregoing terms. A copy of this common order be placed in the respective case files.
More judgments on Section 2(47)(v)
- Sitha Mahalakshmi Katamaneni, Vijayawada vs Income Tax Officer, Central Circle…ITA 226/VIZ/2026[2015-16]Status: Disposed31 Aug 2026AY 2015-16
- Sajindra Singh, Patna vs ITO Ward 6(5), PatnaITA 161/PAT/2026[2011-12]Status: Disposed25 Aug 2026AY 2011-12
- Rajesh D Gaikawad, Pune vs ITO Ward 14(1), PuneITA 230/PUN/2026[2016-17]Status: Disposed8 Jul 2026AY 2016-17
- Manoharlal Jiwandas Sachani, Nagpur vs ITO Ward-5(3), NagpurITA 170/NAG/2025[2018-19]Status: Disposed19 Jun 2026AY 2018-19
- Income Tax Officer Ward-3(2)(1) Ahmedabad… vs Sonaben Anilkumar Variya, AhmedabadITA 1368/AHD/2026[2020-21]Status: Disposed12 Jun 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- M/S South INDIA Trading Company vs. Additional Commissioner Adjudication CGST Delhi North & Anr.Delhi · 13 Oct 2026
- M/S Rishi Stonex vs. The State Of Assam And 5 OthersGauhati · 13 Oct 2026
- Gopal Datt vs. Vishal Kumar SharmaUttarakhand · 13 Oct 2026
- M/S Do Nam Enterprise And Anr vs. The Union Of INDIA And 2 OrsGauhati · 13 Oct 2026
- M Sundaravel vs. The Assistant Commissioner Of Central GST And Central ExciseMadras · 13 Oct 2026