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3,097 cases — bench: Nagpur
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The Tribunal held that the land sold was stock-in-trade and not a capital asset, as evidenced by development agreements, Power of Attorney, revenue records, consistent accounting treatment, and the department's acceptance of similar transactions in prior years. Therefore, Section 50C was not applicable, and the addition made on account of long-term capital gains was unsustainable.
The Tribunal held that section 43CA of the Income Tax Act, 1961, applies only to the transfer of tangible immovable property being land or building or both, and not to intangible rights like TDRs. Therefore, the addition made by the AO was not sustainable.
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The Tribunal held that the reassessment proceedings initiated beyond four years are invalid if based solely on existing assessment records and without any failure by the assessee to disclose material facts. Citing the Bombay High Court judgment in Crystal Pride Developers, it was stated that the Assessing Officer lacked jurisdiction to reopen a concluded assessment under such circumstances.