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)

Shri Ramkishore Mali (Saini), Jaipur vs. Income Tax Officer, Ward-7-4, Jaipur

ITA 1416/JPR/2018[2009-10]Status: DisposedITAT Jaipur22 Feb 2021AY 2009-10

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1416/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2009-10 Shri Ramkishore Mali (Saini), Cuke Ito, Vs. Gram Bhurthal, Tehsil- Amer, Ward-7(4), District- Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: N.A. Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Ashish Khandelwal (Ca) Jktlo Dh Vksj Ls@ Revenue By :Smt. Rooni Paul(Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 15/02/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 22/02/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jodhpur Dated 20/09/2018 For The A.Y. 2009- 10, Wherein The Assessee Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred On Facts & In Law In Upholding The Finding Of A.O. That The Agricultural Land Sold By The Assessee Is A Capital Asset Within The Meaning Of Section 2(14)(Iii) Of The It Act, 1961. 2. The Ld. Cit(A) Has Erred On Facts & In Law In Incorrectly Holding That The Claim Of Appellant That The Land Sold Was Ancestral Is Not Found To Be Correct As He Himself Has Submitted That He Purchased The Land In 2008 Ignoring That Assessee Has Nowhere Stated That The Land Which Was Sold By Him Was Purchased In 2008.”

For Appellant: Shri Ashish Khandelwal (CA)For Respondent: Smt. Rooni Paul(Addl.CIT)
Section 133ASection 2(14)(iii)

ACIT, New Delhi vs. Sh. Maxwell Pereira Kamath, New Delhi

In the result, appeal of the Revenue is dismissed

ITA 6675/DEL/2016[2012-13]Status: DisposedITAT Delhi28 Sept 2020AY 2012-13

Bench: Sh. Anil Chaturvedi & Sh. Amit Shukla(Through Video Conferencing) Assessment Year : 2012-13 Acit, Vs. Sh. Maxwell Pereira Circle – 51(1). Kamath, New Delhi 6/22, Wea Karol Bagh, New Delhi-110 005 Pan : Aajpp 3937 E (Appellant) (Respondent) Assessee By Ms. Rakhi Vimal Sr. Dr Revenue By Sh. K Sampath, Adv. Date Of Hearing: 21/09/2020 Date Of Pronouncement: 28/09/2020 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 04.10.2016 Of The Commission Of Income Tax (A)-17, New Delhi Relating To Assessment Year 2012-13. 2. The Relevant Facts As Culled From The Material On Records Are As Under: Acit Vs. Shri Maxwell Pereira Kamath A.Y. 2012-13 2 3. Assessee Is An Individual Having Income From Consultancy & Other Sources. Assessee Filed His Return Of Income For A.Y. 2012-13 On 28.07.2012 Declaring Total Income Of Rs.68,17,744/-. The Case Was Selected For Scrutiny & Thereafter Assessment Was Framed U/S 143(3) Of The Act Vide Order Dated 27.02.2015 & The Total Income Was Determined At Rs.4,75,06,096/-. Aggrieved By The Order Of Ao, Assessee Carried The Matter Before The Cit(A) Who Vide Order Dated 04.10.2016 Allowed The Appeal Of The Assessee. Aggrieved By The Order Of Cit(A), Revenue Is Now Before Us & Has Raised Following Grounds Of Appeal:

Section 143(3)Section 14ASection 2(14)(iii)