Section 2(14) of the Income Tax Act

The decision most relied on for Section 2(14) is Smt. Sarifabibi Mohmed Ibrahim v. CIT (204 ITR 631), cited in 197 of the 1,130 judgments on BharatTax that turn on this section.

Leading authorities on Section 2(14)

Smt. Sarifabibi Mohmed Ibrahim v. CIT
204 ITR 631 · 1993 · Supreme Court
197
citing judgments

The determinative test for whether land is agricultural land or a capital asset is its actual user for agricultural purposes, not merely ownership. An explicit intention to stop cultivation or convert the land to non-agricultural use can cause it to lose its agricultural character, making its sale proceeds chargeable to capital gains tax.

Assam Bengal Cement Co. Ltd. v. CIT
27 ITR 34 · 1955 · Supreme Court
174
citing judgments

The Supreme Court established the foundational test for distinguishing between capital and revenue expenditure, holding that the aim and object of the expenditure and whether it brings into existence an asset or an advantage of an enduring nature determines its character, irrespective of the payment method. An advantage lasting five years or more can be considered enduring.

CIT v. Raja Benoy Kumar Sahas Roy
32 ITR 466 · 1957 · Supreme Court
132
citing judgments

Income is considered agricultural income, exempt under Section 10(1), only if the land undergoes a measure of cultivation involving basic primary operations prior to germination and subsequent post-germination activities requiring human skill and labour.

CIT v. Tata Services Ltd.
122 ITR 594 · 1980 · High Court
76
citing judgments

A right to purchase property under an agreement to sell is a capital asset as defined under Section 2(14) of the Income-tax Act. The relinquishment or extinguishment of such a right constitutes a transfer of a capital asset, the consideration for which is taxable as capital gains.

Travencore Rubber & Tea Co. Ltd. v. CIT
325 ITR 422 · 2010 · Supreme Court
72
citing judgments

Forfeited advance money received for the transfer of a capital asset is not taxable as revenue receipt. Such forfeiture pertains to a capital receipt directly related to the potential sale of a capital asset.

Asst. Director of Inspection (Investigation) v. Kum. A.B. Shanthi
255 ITR 258 · 2002 · Supreme Court
61
citing judgments

The Supreme Court upholds the constitutional validity of Section 269SS of the Income Tax Act, 1961, which prohibits certain cash loans and deposits. This ruling is foundational for penalties under Section 271D and considering exemptions under Section 273B.

P.M. Mohammed Meerakhan v. CIT
73 ITR 735 · 1969 · Supreme Court
58
citing judgments

The assessee bears the onus to prove the genuineness and voluntary nature of donations received, including corpus donations. Failure to discharge this burden allows the Assessing Officer to treat such donations as non-genuine or accommodation entries.

Hirday Naran v. Income Tax Officer
78 ITR 26 · 1970 · Supreme Court
56
citing judgments

Even if statutory language appears merely enabling, courts infer a duty to exercise such power when it aids a citizen's right. Public authorities cannot decline to act when circumstances warrant help, nor can they act to a person's detriment without justification.

CIT v. Motilal Hirabhai Spg. And Wvg. Co. Ltd.
113 ITR 173 · 1978 · High Court
49
citing judgments

The determination of whether share transactions constitute a business activity or an investment depends on the facts of the case. Factors like volume, frequency, and regularity indicate business activity, irrespective of how such transactions are presented in accounts.

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.

Judgments on Section 2(14)

ITO, International Taxation Ward1(2), Chennai vs. Rajamanickam Arulselvan, Chennai

In the result, the appeal filed by the Revenue and the Cross

ITA 479/CHNY/2023[2013-14]Status: DisposedITAT Chennai01 Apr 2024AY 2013-14

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./I.T.A. No.479/Chny/2023 िनधा"रण वष"/Assessment Year: 2013-14 & C.O. No. 44/Chny/2023 [In I.T.A. No. 479/Chny/2023] The Income Tax Officer, Vs. Shri Rajamanickam Arulselvan, 65, Defence Officer Colony, 2Nd International Taxation Ward 1(2), Bsnl Building Tower-1, 4Th Floor, Avenue, 6Th Cross Street, Guindy, Greams Road, Thousand Light, Guindy Industrial Estate S.O., Chennai 600 006. Chennai 600 032. [Pan:Aappa2346C] (अपीलाथ"/Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri P. Sajit Kumar, Jcit Assessee By : Shri N.V. Balaji, Advocate सुनवाई की तारीख/ Date Of Hearing : 03.01.2024 घोषणा की तारीख /Date Of Pronouncement : 01.04.2024 आदेश /O R D E R Per Manjunatha, G.: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-16, Chennai, Dated 22.02.2023 Passed In Ita No. 10039/Cit(A)-16/2012-2013 Relevant To The Assessment Year 2013-14. The Revenue Has Raised Following Grounds: 1. That The Order Of The Ld. Cit(A) Is Erroneous On The Facts, The Merits Of The Case & Provisions Of Law As Well & Hence Unsustainable. 2. That The Ld. Cit(A) Erred In Failing To Appreciate That When The Assessee Had Applied For Conversion Of The Vacant Land Into A Plotted

For Appellant: Shri N.V. Balaji, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 139Section 143(1)Section 147Section 148Section 2(14)Section 45(3)

Goldgreen Land Holdings LLP( Formerly Gold Green Holdings Private Limited), Shankarpally Mandal, Mirzaguda vs. Income Tax Officer - Ward 2(1), Hyderabad

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 473/HYD/2023[2017-2018]Status: DisposedITAT Hyderabad22 Mar 2024AY 2017-2018

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं / Ita No. 473/Hyd/2023 (धििाारण वर्ा / Assessment Year: 2017-18) Goldgreen Land Holdings Llp Vs. Income Tax Officer, (Formerly Gold Green Holdings Ward-2(1), Private Limited), Hyderabad Shankarpally Mandal, Mirzaguda [Pan No. Aadcg2864N] अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent धििााररती द्वारा / Assessee By: Shri Kumar Pal Tated, Ar राजस्‍व द्वारा / Revenue By: Shri Shakeer Ahamed, Dr सुिवाई की तारीख/Date Of Hearing: 06/03/2024 घोर्णा की तारीख/Pronouncement On: 22/03/2024 आदेश / Order Per K. Narasimha Chary, J.M: Aggrieved By The Order Dated 07/08/2023 Passed By The Learned Commissioner Of Income Tax (Appeals)- National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), In The Case Of Goldgreen Land Holdings Private Limited (“The Assessee”) For The Assessment Year 2017-18, Assessee Preferred This Appeal.

For Appellant: Shri Kumar Pal Tated, ARFor Respondent: Shri Shakeer Ahamed, DR
Section 143(3)Section 2(14)Section 48Section 50C