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)

Yatin Hariram Ruparel, Mumbai vs. ITO 8(2)(2), Mumbai

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 2424/MUM/2014[2009-10]Status: DisposedITAT Mumbai04 Oct 2016AY 2009-10

Bench: Shri Sanjay Arora, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No.2424/Mum/2014 ("नधा"रण वष" / Assessment Year: 2009-10) Yatin Hariram Ruparel Ito-17(3)(4), बनाम/ 7, View Villa, Piramal Chambers, 425, Shradhanand Cross Road, Lalbaug, Parel-12 Vs. Matunga, Mumbai-400 019 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacpr 2921 D (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Dinesh Shah ""यथ" क" ओर से/Respondent By : Shri Airiju Jaikaran सुनवाई क" तार"ख / : 20.6.2016 Date Of Hearing घोषणा क" तार"ख / : 04.10.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Assessee Directed Against The Order By The Commissioner Of Income Tax (Appeals)-19, Mumbai (‘Cit(A)’ For Short) Dated 07.2.2014, Partly Allowing The Assessee’S Appeal Contesting Its Assessment U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2009-10 Vide Order Dated 28.12.2011. 2. The Issue Arising In The Instant Appeal, Raised Per Several Grounds, Is The Exigibility To Tax Of The Gains Arising To The Assessee On The Sale Of His Interest In A Land And, In Case Taxable, The Value & The Manner Of Taxability Of Such Gain Under The Act.

For Appellant: Shri Dinesh ShahFor Respondent: Shri Airiju Jaikaran
Section 143(3)Section 2(47)

ACIT, Gurgaon vs. Sh. Rajender Singh, Gurgaon

In the result, the appeal of the Revenue is partly allowed for statistical purposes

ITA 1318/DEL/2013[1996-97]Status: DisposedITAT Delhi20 Jul 2016AY 1996-97

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 1996-97 Asstt. Commissioner Of Income Tax, Vs. Sh. Rajender Singh, L/H- Sh. Circle-1(1), Gurgaon Hukmi, Huf, R/O-Vill. Wazirabad, Gurgaon Gir/Pan : (Appellant) (Respondent) Appellant By Sh. V.P. Mishra, Sr. Dr Respondent By Dr. Rakesh Gupta, Adv. Date Of Hearing 09.06.2016 Date Of Pronouncement 20.07.2016 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Preferred Against The Order Dated 24/12/2012 Of The Learned Commissioner Of Income-Tax (Appeals), Faridabad In Relation To Assessment Year 1996-97, Raising Following Grounds: I. Whether On Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax(Appeals) Was Right In Deleting The Addition Of Rs. 1,71,25,750/- Made By The Assessing Officer On Account Of Capital Gain On Account Of Sale Of Agricultural Land Situated Within Eight Kilometers From The Municipal Limits. Ii. Whether On Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax(Appeals) Was Right In Accepting Two Conflicting Distance Certificates Issued By The Same Authority I.E. Tehsildar. Iii. Whether On Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax(Appeals) Was Right In Accepting The Road Distance Of 8.5 Km & Ignoring The Aerial Distance Of 4.67 Km As Discussed By The Assessing Officer In The Assessment Order.

Section 143(3)Section 263