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)

Dr. Hisamuddin Papa, Chennai vs. DCIT, Corporate Circle-2(2), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 787/CHNY/2022[ 2012-13]Status: DisposedITAT Chennai29 Mar 2023

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.786 & 787/Chny/2022 िनधा"रण वष"/Assessment Years: 2011-12 & 2012-13 Dr. Hisamuddin Papa, Vs. The Deputy Commissioner Of 424/786, Anna Salai, Mount Road, Income Tax, Nandanam, Chennai 600 035. Corporate Circle 2(2), Chennai 600 034. [Pan: Ajupp4054E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 06.02.2023 घोषणा की तारीख /Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi Both Dated 14.07.2022 Relevant To The Assessment Years 2011-12 & 2012-13. 2. Both The Appeal Filed By The Assessee Are Delayed By Three Days In Filing The Appeal, For Which, The Assessee Has Filed Petitions For Condonation Of The Delay In Support Of Affidavits, To Which; The Ld. Dr Has 2

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 143(3)Section 148Section 2(14)(iii)

Dr. Hisamuddin Papa, Chennai vs. DCIT, Corporate Circle-2(2), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 786/CHNY/2022[2011-12]Status: DisposedITAT Chennai29 Mar 2023AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.786 & 787/Chny/2022 िनधा"रण वष"/Assessment Years: 2011-12 & 2012-13 Dr. Hisamuddin Papa, Vs. The Deputy Commissioner Of 424/786, Anna Salai, Mount Road, Income Tax, Nandanam, Chennai 600 035. Corporate Circle 2(2), Chennai 600 034. [Pan: Ajupp4054E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 06.02.2023 घोषणा की तारीख /Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi Both Dated 14.07.2022 Relevant To The Assessment Years 2011-12 & 2012-13. 2. Both The Appeal Filed By The Assessee Are Delayed By Three Days In Filing The Appeal, For Which, The Assessee Has Filed Petitions For Condonation Of The Delay In Support Of Affidavits, To Which; The Ld. Dr Has 2

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 143(3)Section 148Section 2(14)(iii)