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)

Kolon Investment P.Ltd, Mumbai vs. CIT 8, Mumbai

In the result, the assessee’s appeal is dismissed

ITA 2870/MUM/2014[2009-10]Status: DisposedITAT Mumbai23 Aug 2016AY 2009-10

Bench: Shri Sanjay Arora, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No. 2870/Mum/2014 ("नधा"रण वष" / Assessment Year: 2009-10) Kolon Investment Pvt. Ltd. Cit-8, बनाम/ 417-419, 4Th Floor, Room No. 259, Aayakar Bhavan, M. V. Road, Andheri (E), M. K. Road, Mumbai-400 020 Vs. Mumbai-400 059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaack 9118 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Girish Dave & Ms. Kadambari Dave ""यथ" क" ओर से/Respondent By : Shri H. N. Singh सुनवाई क" तार"ख / : 16.5.2016 Date Of Hearing घोषणा क" तार"ख / : 23.8.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: The Instant Appeal By The Assessee Agitates The Revision U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) Dated 31.3.2014 By The Commissioner Of Income Tax-8, Mumbai (‘Cit’ For Short) Qua Its Assessment U/S. 143(3) Dated 01.12.2011 For The Assessment Year (A.Y.) 2009-10. 2. The Basis Of The Revision In The Present Case Is The Acceptance By The Assessing Officer (A.O.) Of The Assessee’S Claim For Short Term Capital Gain (Stcg) On The Non- Exercise Of The Option To Subscribe To The (Equity) Share Capital In Sintex Industries

For Appellant: Shri Girish Dave &For Respondent: Shri H. N. Singh
Section 143(3)Section 2(47)Section 263

DCIT, Chennai vs. S.Amar Narayana Reddy, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 1263/CHNY/2015[2010-11]Status: DisposedITAT Chennai15 Jul 2016AY 2010-11

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No. 1263/Mds/2015 "नधा"रण वष"/Assessment Year:2010-11 The Deputy Commissioner Of Shri S. Amar Narayana Reddy, Income Tax, Corporate Circle 6(1), Vs. Flat No.912, 19-8-150, Sai Residency, Aayakar Bhavan, New Block, 121, Bairagipatteda, Tirupati [Presently At A6, M.G. Road, 7Th Floor, Chennai 34. No. 40, 2Nd Main Road, Kasturbai Nagar, Adayar, Chennai. [Pan:Aieps6384D] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Dr. B. Nischal, Jcit ""यथ" क" ओर से/Respondent By : Dr. Anita Sumanth, Advocate सुनवाई क" तार"ख/ Date Of Hearing : 28.04.2016 घोषणा क" तार"ख /Date Of Pronouncement : 15.07.2016 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), Tirupati, Dated 23.03.2015 Relevant To The Assessment Year 2010-11. In This Appeal, The Ground Raised By The Revenue Is That The Ld. Cit(A) Has Erred In Deleting The Addition On Account Of Treating The Amount Of ₹.3,04,01,161/-, Which Is The Margin/Gains To The Assessee On Sale Of Land As Business Is Not Sustainable. Further, The 2

For Appellant: Dr. B. Nischal, JCITFor Respondent: Dr. Anita Sumanth, Advocate
Section 143(1)Section 143(2)