Kusum Yadav, Indore vs. ITO 1(2), Indore
In the result, the appeal of the assessee bearing ITA No
ITA 518/IND/2023[2014-15]Status: DisposedITAT Indore24 Apr 2025AY 2014-15
Bench: Sh. Bagirath Mal Biyani & Sh. Udayan Das Gupta
Section 131Section 142(1)Section 143(3)Section 2(14)(iii)Section 250Section 263Section 54BSection 68
…lant claimed inter alia that land was agricultural land and it was not a capital asset because it was situated in a village with a population of less than ten thousand. The Hon'ble Andhra Pradesh High Court in its judgment in Addl. CIT v. G.M. Omarkhan [1979] 116 ITR 950 held as under: "Municipality may comprise of several localities, areas, villages or wards. The moment they fall within the area of a municipality, the assets situate in that village or area fall within the meaning of "capital asset" as defined under section 2(14)(iii) of the I.T. Act. Though the village, Gudimalkapur, is known by its distinct nam…