SHRI M. THIMMEGOWDA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

ITA 1035/BANG/2019Status: DisposedITAT Bangalore20 April 2022AY 2007-0878 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the land sold by the assessee remained agricultural land despite conversion for non-agricultural purposes, as agricultural activities continued. Therefore, the sale of the land is exempt from capital gains tax.

What were the facts?

The assessee's appeals relate to assessment years 2006-07 and 2007-08. Proceedings under Section 153A were initiated following a search, though no incriminating material was seized from the assessee's premises. The primary dispute concerns the classification of land sold as agricultural or capital asset.

What were the issues?

Whether proceedings under Section 153A are valid without incriminating material found during search, and whether the sale of land converted for non-agricultural use but still under cultivation constitutes a capital asset.

Which sections of the Income-tax Act were involved?

Section 153A,Section 2(14),Section 45,Section 48

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(30)Show 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.

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri Bharath L, CA
For Respondent: Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Hearing: 04.03.2022Pronounced: 20.04.2022

Per Chandra Poojari, Accountant Member These appeals are directed against the separate orders dated 28.2.2019 of the CIT(Appeals)-11, Bangalore for the assessment year 2006-07 & 2007-08. They involve common issues, except with change in figures and were heard together and disposed of by this common order for the sake of convenience.

2.

The grounds raised by the assessee in ITA No.1035/Bang/2018 are as follows:-

ITA Nos.1035 & 1036/Bang/2019 Tax effect relating to Grounds of appeal each ground of appeal

1.

The order of the Hon'ble Commissioner of Income Tax (Ap

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 153A

All 18,957 judgments and leading authorities on Section 153A →

Recent GST High Court judgments

Search GST case law →