G. M. Omer Khan v. Addl. CIT

196 ITR 269Supreme Court of India1992#5444 most cited

What is G. M. Omer Khan v. Addl. CIT authority for?

The determination of whether land is agricultural or a capital asset is fact-specific, depending on the cumulative circumstances. The onus is on the assessee to prove the change in character to agricultural land at the time of transfer.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2024.

Also referred to as

G.M. Omer Khan v. Addl. CIT · 196 ITR 269 · capital asset · agricultural land · question of fact · onus on assessee · transfer of asset · character of land · section 2(14)(iii)

Issues it is cited on

section 2(14)(iii)(a)section 2(14)(iii)(b)section 96section 2(14)(iii)section 2(47)(v)jdaclarificatory amendmentsection 2(14)section 53transfer of capital assetassistant directorcancellation of registration

Judgments citing G. M. Omer Khan v. Addl. CIT

DCIT, New Delhi vs. Shri Ashok Jaidka, Gurgaon

In the result, the appeal of the department is allowed

ITA 4274/DEL/2010[2006-07]Status: DisposedITAT Delhi18 Jul 2016AY 2006-07

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Sudhanshu Srivastava

Section 2(14)Section 2(14)(iii)Section 45

…opted by the Ld. CIT (A) is contradictory when it is concluded by him that the land is not a capital asset but an agricultural land which will not attract capital gains. The Ld. DR relied on the judgment of the Hon’ble Apex Court in G.M. Omar Khan vs. ACIT 196 ITR 269 (SC), wherein the Hon’ble Apex Court has held that “local self-Government is carried out under various statutes by means of municipalities, municipal boards, cantonment boards, etc. After their initial set up, area by means of those laws are added to and subtracted from and subsume as such for identity, not as a separate municipal unit but par…