Section 2(14)(iii) of the Income Tax Act

The decision most relied on for Section 2(14)(iii) is CIT v. Siddharth J Desai (139 ITR 628), cited in 45 of the 238 judgments on BharatTax that turn on this section.

Leading authorities on Section 2(14)(iii)

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.

CIT v. Smt. Debbie Alemao
331 ITR 59 · 2011 · High Court
35
citing judgments

Actual earning of agricultural income is not essential for determining the character of land as agricultural. The absence of agricultural income is legally irrelevant to this determination.

Deputy CIT v. Gopal Ramnarayan Kasat
328 ITR 556 · 2010 · High Court
34
citing judgments

A transaction involving the purchase of land, especially if part of a series of similar transactions and likely to be acquired by the government, can be considered an adventure in the nature of trade, leading to the profit being assessed as business income.

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.

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.

CIT v. Manilal Somnath
106 ITR 917 · 1977 · High Court
18
citing judgments

The potential non-agricultural value of land, or the large price a purchaser is willing to pay due to market conditions, does not change its essential character as agricultural land at the time of sale, provided it was used for agricultural purposes.

Gordhanbhai Kahandas Dalwadi v. Commissioner of Income-tax
127 ITR 664 · 1981 · High Court
18
citing judgments

The character of land is determined by entries in revenue records, and if these records classify land as agricultural, it should be considered as such for tax purposes.

CIT v. Surjan Singh
125 Taxmann 1075 · 2002 · High Court
16
citing judgments

This case is cited for the proposition that the High Court can consider decisions from other High Courts and the Supreme Court when deciding an appeal.

M.S. Srinivasa Naicker v. ITO
292 ITR 481 · 2007 · High Court
16
citing judgments

The character of land as agricultural is determined by its use and legal status prior to sale, not by subsequent non-agricultural use by the purchaser or its location in a developed area.

Ciba of India Ltd. v. CIT
202 ITR 1 · 1993 · High Court
15
citing judgments

Stamp duty paid on a license can be capitalized as an intangible asset and is eligible for depreciation. This allows for the deduction of the cost of the license over its useful life.

Judgments on Section 2(14)(iii)

Akhilesh Bansal, Gurgaon vs. ITO, Gurgaon

In the result, the appeal filed by the assessee is allowed

ITA 2394/DEL/2026[2018-19]Status: DisposedITAT Delhi27 Jul 2026AY 2018-19

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhakhilesh Bansal, Vs. Ito, Ward 1 (1), 47, Raj Niwas, Sector 5, Gurgaon. Gurgaon - 122 001 (Haryana). (Pan : Ahfpb1275J) (Appellant) (Respondent) Assessee By : Shri R.S. Singhvi, Ca Shri Satyajeet Goyal, Ca Revenue By : Shri G.P. Singh, Sr. Dr Date Of Hearing : 01.07.2026 Date Of Pronouncement : 27.07.2026 O R D E R Per S.Rifaur Rahman,Am: 1. This Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac) Dated 02.01.2026 For The Ay 2018-19. 2. Brief Facts Of The Case Are, In The Year Under Consideration, The Assessee Received Enhanced Compensation Amounting To Rs.2,15,77,773/- Together With Interest Of Rs.2,23,78,473/- Consequent To Compulsory Acquisition Of Land Situated In Village Badha, Tehsil Manesar, District Gurugram By 2 Huda. The Land Was Originally Purchased In The Year 2007. The Assessee Claimed The Enhanced Compensation & Damages In The Form Of Interest U/S 28 Of The Land Acquisition Act As Exempt On The Ground That The Land Acquired Was Rural Agricultural Land Situated Beyond The Prescribed Municipal Limits And, Therefore, Did Not Constitute A "Capital Asset" Within The Meaning Of Section 2(14)(Iii) Of The Income-Tax Act, 1961 (For Short ‘The Act’). The Assessing Officer, However, Rejected The Claim & Treated The Enhanced Compensation As Taxable Under Section 45(5) & The Interest As Taxable Under The Head "Income From Other Sources".

For Appellant: Shri R.S. Singhvi, CAFor Respondent: Shri G.P. Singh, Sr. DR
Section 2(14)Section 2(14)(iii)Section 28Section 45(5)

Sundaramahalingam Narayanan, Chennai vs. The Assistant Commissioner of Income Tax, Chennai

In the result, the appeal of the assessee in ITA No

ITA 439/CHNY/2025[2015-16]Status: DisposedITAT Chennai15 Jun 2026AY 2015-16

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos. 432 & 439/Chny/2025 ननिाारण वर्ा / Assessment Year : 2015-16 Narayanan Sundaramahalingam The Assistant Commissioner Of Rajkumar Vs. Income Tax 27, Kanchi Natarajan Street Central Circle 3(2) Vasudevan Nagar Chennai. Ashok Nagar, Chennai – 600 083 [Pan: Adnpr5990G] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. N.R.Krishnamoorthy, Fca प्रत्यर्थी की ओर से/Respondent By : Ms. E.Pavuna Sudari, Cit सुनवाई की तारीख/Date Of Hearing : 11.05.2026 घोर्णा की तारीख/Date Of Pronouncement : 15.06.2026 आदेश /O R D E R Per Bench : The Present Appeals Of The Assessee Are Directed Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals)-20, Chennai [Hereinafter Referred To As “The Ld.Cit(A)”] Both Dated 16.12.2024, Arising Out Of The Assessment Orders Passed U/S.153C Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”] By The Assistant Commissioner Of Income

For Appellant: Shri. N.R.Krishnamoorthy, FCAFor Respondent: Ms. E.Pavuna Sudari, CIT
Section 132Section 132(4)Section 153C

Narayanan Sundaramahalingam Rajkumar, Chennai vs. The Assistant Commissioner of Income Tax, Chennai

In the result, the appeal of the assessee in ITA No

ITA 432/CHNY/2025[2015-16]Status: DisposedITAT Chennai15 Jun 2026AY 2015-16

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos. 432 & 439/Chny/2025 ननिाारण वर्ा / Assessment Year : 2015-16 Narayanan Sundaramahalingam The Assistant Commissioner Of Rajkumar Vs. Income Tax 27, Kanchi Natarajan Street Central Circle 3(2) Vasudevan Nagar Chennai. Ashok Nagar, Chennai – 600 083 [Pan: Adnpr5990G] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. N.R.Krishnamoorthy, Fca प्रत्यर्थी की ओर से/Respondent By : Ms. E.Pavuna Sudari, Cit सुनवाई की तारीख/Date Of Hearing : 11.05.2026 घोर्णा की तारीख/Date Of Pronouncement : 15.06.2026 आदेश /O R D E R Per Bench : The Present Appeals Of The Assessee Are Directed Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals)-20, Chennai [Hereinafter Referred To As “The Ld.Cit(A)”] Both Dated 16.12.2024, Arising Out Of The Assessment Orders Passed U/S.153C Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”] By The Assistant Commissioner Of Income

For Appellant: Shri. N.R.Krishnamoorthy, FCAFor Respondent: Ms. E.Pavuna Sudari, CIT
Section 132Section 132(4)Section 153C