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“Section 2(14)(iii)”

Section References (mined)Section 2Section 2(14)(iii)225 judgments

The decision most relied on for Section 2(14)(iii) is CWT v. Officer-in-Charge (Court of Wards), Paigha (105 ITR 133), cited in 93 judgments on BharatTax.

Leading authorities on Section 2(14)(iii)

CWT v. Officer-in-Charge (Court of Wards), Paigha
105 ITR 133 · 1976 · Supreme Court
93
citing judgments

The character of land as agricultural land or a capital asset is a question of fact determined by the cumulative effect of all circumstances. Classification in revenue records alone is not conclusive evidence of agricultural use; actual agricultural operations must be proven.

PCIT, Central-3 v. Allied Perfumers (P.) Ltd.
124 Taxmann.com 358 · 2021 · High Court
54
citing judgments

The case is cited for various issues including the definition of capital assets, reassessment procedures under sections 153A and 153C, and the effect of clarificatory amendments.

CIT v. Siddharth J Desai
139 ITR 628 · 1983 · High Court
45
citing judgments

This case lays down 13 specific tests and factors for determining whether land qualifies as agricultural land under the Income-tax Act. It holds that obtaining permission to sell agricultural land for non-agricultural purposes shortly before the sale does not automatically alter its agricultural character.

Sudhir Kumar Shah (HUF) v. CIT-III, Ludhiana)
224 Taxmann 178 · 2014 · High Court
38
citing judgments

The addition of cash deposits to an assessee's income under Section 68 is justified when the Assessment Officer notices huge cash deposits, as the onus is on the assessee to explain their nature and source.

Consolidated Coffee Ltd. v. State of Karnataka
248 ITR 432 · 2001 · Supreme Court
25
citing judgments

Expenses are to be apportioned among various units based on turnover, a method approved by the Supreme Court. The method of allocating exempt income by way of dividends to total gross revenue is also upheld.

Gopal C. Sharma v. CIT
209 ITR 946 · 1994 · High Court
23
citing judgments

The potential for non-agricultural use or the purchaser's intention does not alter the agricultural character of land for capital gains purposes if it was agricultural at the time of sale and prior use. Market conditions leading to a high price do not change the essential nature of the land.

Tulla Veerender v. Addl. CIT
160 TTJ 435 · 2013 · ITAT
22
citing judgments

Transfer of land not falling under section 2(14)(iii) of the Income Tax Act, where the land is recorded as agricultural in revenue records and the assessee is engaged in agricultural operations, cannot be considered a transfer of a capital asset.

Dr. Motibhai D. Patel v. Commissioner of Income-tax
127 ITR 671 · 1981 · High Court
21
citing judgments

If agricultural operations are being carried out on land at the time of sale and revenue records indicate it is agricultural land, a presumption arises that it is agricultural in character, which the revenue must rebut. Permission to convert land to non-agricultural use does not render it non-agricultural if not obtained before the sale.

Judgments citing Section 2(14)(iii)

Mr. Jobanji Thakor, Ahmedabad vs. The ITO. Ward-3(2)(2), Ahmedabad

Appeal is partly allowed

ITA 264/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad26 Feb 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.264/Ahd/2019 निर्धारण वर्ष / Assessment Year : 2015-16 Mr. Jobanji Thakor The Ito F-40, Abugiri Society बनाम / Ward-3(2)(2) Tal. Daskroi, Jagatpur V/S. Ahmedabad Ahmedabad - 382 470 स्थायी लेखा सं./Pan: Aknpt 2930 M (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By: Shri Mehul K. Patel, Ar Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing 19/02/2025 घोषणा की तारीख / Date Of Pronouncement: 26/02/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals)-3, Ahmedabad [Hereinafter Referred To As “Cit(A)"] Dated 28.12.2018, Confirming The Assessment Order Dated 29.12.2017 Passed By The Assessing Officer [Hereinafter Referred To As “Ao”] Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] For The Assessment Year (Ay) 2015-16.

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri A.P. Singh, CIT-DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 2(14)(iii)Section 54B

land sold by the assessee did not qualify as agricultural land but rather fell within the Municipality/AUDA/Corporation limits as per the provisions of Section 2(14)(iii) of the Act. Accordingly, the AO held that the land was a capital asset and subject to capital gains tax. 2

Madhubala Indrakumar Parmar, Pali vs. ITO, Ward 4, Panvel

In the result, appeal of the Assessee is allowed

ITA 2532/PUN/2024[2014-15]Status: DisposedITAT Pune29 Jan 2025AY 2014-15

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकरअपीलसं. / Ita No.2532/Pun/2024 िनधा"रणवष" / Assessment Year: 2014-15 Madhubala Indrakumar Parmar, V The Income Tax Officer, Bazar Peth, At Post Pali,Taluka S Ward-4, Panvel. Sudhagad, District Raigad, Maharashtra – 410205. Pan: Aatpp5508P Appellant/ Assessee Respondent / Revenue Assessee By Shri Subhodh Ratnaparkhi – Ar Revenue By Miss Indira R Adakil – Addl.Cit(Dr) Date Of Hearing 28/01/2025 Date Of Pronouncement 29/01/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2014-15 Dated 10.10.2024 Emanating From The Assessment Order . The Assessee Has Raised The Following Grounds Of Appeal : “1. The Hon. Cit(A) Erred In Upholding Addition To The Extent Of Rs.8,50,834/- U/S 56(2)(Vii)(B)(Ii) Of The I.T.Act 1961, On Account Of Difference Between The Actual Purchase Consideration Of Agricultural Land At Pali, Taluka Sudhagad, Dist. Raigad & The Value As Per

Section 2(14)(iii)Section 250Section 56(2)Section 56(2)(vii)

taxmann.com 347 (Jaipur Trib.) [2024]. In the present case, the land purchased is rural agricultural land covered exception contained in section 2(14)(iii) of the Act and thus not a capital asset. The Hon. CIT(A) however dismissed the ground by stating that "As this issue was not raised

Netrananda Nayak, Puri vs. ITO, Puri Ward, Puri

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 274/CTK/2023[2013-14]Status: DisposedITAT Cuttack27 Jan 2025AY 2013-14

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2013-14 Netrananda Netrananda Nayak, Nayak, At: At: Vs. Income Tax Officer, Puri Income Tax Officer, Puri Khandiabandha, Khandiabandha, Po: Po: Word, Puri. Gopinathpur, Atharnala, Puri Gopinathpur, Atharnala, Puri Pan/Gir No. No.Ajspn 1567 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Niranjan Panda, Ca Niranjan Panda, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 27/01/20 2025 Date Of Pronouncement : 27/01/20 025 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The Ld Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Dated Cit(A), Nfac, Delhi Dated 30.6.2023 In Appeal No. Cit(A),Bhubaneswar 30.6.2023 In Appeal No. Cit(A),Bhubaneswar- 2/10186/2019-20 20 For The Assessment Year 2013-14. 2. Shri Niranjan Niranjan Panda, Ld Ar Appeared For The Assessee & Shri The Assessee & Shri S.C.Mohanty, Sr. , Sr. Dr Appeared For The Revenue.

For Appellant: Shri Niranjan Panda, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 148

limits of Puri Municipality, therefore, in order to determine whether the land in question falls under the mischief of sub- clause (b) of Section 2(14)(iii) of the Act, the distance of 2 kms has to be taken into account in terms of notification dated 6-01-1994. Further