Section 54B of the Income Tax Act

Income-tax Act, 2025: s.83

Section 54B of the Income-tax Act, 1961 corresponds to section 83 (Capital gains on transfer of land used for agricultural purposes not to be charged in certain cases) of the Income-tax Act, 2025.

Read section 83 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 54B is Smt. Sarifabibi Mohmed Ibrahim v. CIT (204 ITR 631), cited in 197 of the 814 judgments on BharatTax that turn on this section.

Leading authorities on Section 54B

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.

Sanjeev Lal v. CIT
365 ITR 389 · 2014 · Supreme Court
122
citing judgments

For claiming capital gains exemption under beneficial provisions like section 54, the 'date of transfer' can be the date of the agreement to sell, particularly when coupled with substantial advance consideration or an enforceable right, adopting a purposive and liberal interpretation to acknowledge the assessee's intent.

CWT v. Officer-in-Charge (Court of Wards), Paigha
105 ITR 133 · 1976 · Supreme Court
93
citing judgments

The character of land as agricultural land or a capital asset is a question of fact determined by the cumulative effect of all circumstances. Classification in revenue records alone is not conclusive evidence of agricultural use; actual agricultural operations must be proven.

CIT v. H. Holck Larsen
160 ITR 67 · 1986 · Supreme Court
58
citing judgments

The determination of whether a transaction involving the sale and purchase of shares (or other assets) constitutes a trading transaction (business income) or an investment (capital gains) is a mixed question of law and fact. Courts must consider cumulative factors, including the assessee's habitual dealing and the intention at the time of the initial acquisition, rather than applying abstract tests.

CIT v. Sambandam Udaykumar
345 ITR 389 · 2012 · High Court
50
citing judgments

Assessees are entitled to capital gains exemption under Section 54 or 54F if sale proceeds are invested in a residential house. This benefit applies even if the construction or purchase transaction is not fully completed.

Delhi in CIT v. Best Plastics (P) Ltd.
295 ITR 256 · 2007 · High Court
41
citing judgments

Assessment orders passed by an Assessing Officer are liable to be set aside if they disregard binding instructions or circulars issued by the Central Board of Direct Taxes (CBDT), especially concerning the selection of returns for scrutiny. The CBDT circulars are binding on all officers of the Income-tax department.

Petron Engg. Construction (P) Ltd. & Anr. v. CBDT & Ors.
175 ITR 523 · 1989 · Supreme Court
38
citing judgments

The established principle of interpreting tax laws in favour of the assessee does not apply to deductions, exemptions, and exceptions, which are only allowed when plainly authorised by law.

CIT v. Bhagwan Dass
272 ITR 367 · 2005 · High Court
32
citing judgments

An assessment order cannot be cancelled under section 263 solely on the grounds of inadequate enquiry or lack of application of mind by the Assessing Officer if the view taken was tenable in law and on facts.

CIT v. Dinesh Verma
60 Taxmann.com 461 · 2015 · High Court
27
citing judgments

Deduction under Section 54B for capital gains on sale of agricultural land cannot be allowed if the new property is purchased exclusively in the name of the assessee's wife.

Ashok Leyland Ltd. v. CIT
260 ITR 599 · 2003 · High Court
25
citing judgments

Action under section 263 is valid where the assessment order is passed without application of mind and without conducting proper inquiry, making the order erroneous and prejudicial to the revenue.

Judgments on Section 54B

Aamnaben Gafar Madkiya, Jamnagar vs. ITO, Ward - 2(10), Jamnagar

ITA 761/RJT/2024[2013-14]Status: DisposedITAT Rajkot29 May 2025AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.761/Rjt/2024 "नधा"रणवष" / Assessment Year: (2013-14) (Hybrid Hearing) Amana Gafar Madakiya Vs. Ito, Ward – 2(10), Jamnagar, Ghela Patel Delo, Head Post Aaykar Bhawan, Nr Subhas Office, Ghachiwad, Bridge, Jamnagar Rajkot Jamnagar-361001 Highway, Jamnagar "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bylpm2878L (Assessee) (Respondent) Assessee By : Shri Dushyant Maharshi, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. (Dr) Date Of Hearing : 05/03/2025 Date Of Pronouncement : 29/05/2025 आदेश / O R D E R Per A. L. Saini, Am; Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2013-14, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 07.08.2024, Which In Turn Arises Out Of An Order Passed By The Assessing Officer, Dated 30/03/2022, U/S 147 R.W.S. 144 & 144B Of The Income Tax Act, 1961. 2. The Grounds Of Appeals Raised By The Assessee Are As Follows:

For Appellant: Shri Dushyant Maharshi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. (DR)
Section 133(6)Section 143(2)Section 147Section 148Section 151Section 250Section 55A

Ravi Singh, Morar Gwalior vs. Income Tax Officer, Gwalior

The appeal stand allowed for statistical purposes

ITA 204/AGR/2024[2020-21]Status: DisposedITAT Agra22 Apr 2025AY 2020-21

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.204/Agr/2024 (िनधा"रणवष" / Assessment Year:2020-21) Shri Ravi Singh Income-Tax Officer, बनाम/ Nh-44, Gwalior Bye Pass, Ward 2(2), Gwalior. Near Toll Tax, Dongarpur, Vs. Morar (Mp). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Apmpg-2567-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. S.C. Jain (Ca) – Ld. Ar " थ"कीओरसे/Respondent By : Sh. Sukesh Kumar Jain, Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2020-21 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] On 29-11-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 144B Of The Act On 13-09-2022. In The Assessment Order, Ld. Ao Disallowed Deduction U/S 54B For Want Of Any Satisfactory Explanation From The Assessee. The Ld. Cit(A) Confirmed The Assessment For The Same Very Reasons. Aggrieved, The Assessee Is In Further Appeal Before Us. The Ld. Ar Pleaded For Another Opportunity Of Hearing Before Lower Authorities Which Has Been Opposed By Ld. Sr. Dr. The Registry Has Noted Delay Of 119 Days In The Appeal Which Stand Condoned.

For Appellant: Sh. S.C. Jain (CA) – Ld. ARFor Respondent: Sh. Sukesh Kumar Jain, CIT-DR
Section 143(3)Section 54B

Pramod Kumar Goyal, Gwalior vs. Pr. CIT, Gwalior

The appeal stand allowed in terms of our above order

ITA 368/AGR/2018[2013-14]Status: DisposedITAT Agra22 Apr 2025AY 2013-14

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No. 368/Agr/2018 (िनधा"रणवष" / Assessment Year:2013-14) Pramod Kumar Goyal Pr. Cit बनाम/ (Prop. M/S. Shreyansh Traders) Gwalior Chhutmal Ki Bajariya, Maina Wali Gali, Vs. Dal Bazar, Gwalior(Mp). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Agspg-1575-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Navin Gargh, Adv. – Ld. Ar " थ"कीओरसे/Respondent By : Sh. Sukesh Kumar Jain – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 20-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. By Way Of This Appeal, The Assessee Assails Invocation Of Revisionary Jurisdiction U/S 263 By Ld. Pr. Commissioner Of Income Tax, Gwalior (Pr.Cit) For Assessment Year (Ay) 2012-13 Vide Impugned Order Dated 23-03-2018 In The Matter Of An Assessment Framed By Ld. Ao U/S 143(3) Of The Act On 23-03-2016. Having Heard Rival Submissions & Upon Perusal Of Case Records, Our Adjudication Would Be As Under. 2. Upon Perusal Of Assessment Order, It Could Be Seen That The Assessee’S Return Of Income Was Scrutinized & During The Course Of Assessment Proceedings, Notices U/S 142(1) Were Issued Raising Various Queries Against The Assessee. The Assessee Claimed Exemption U/S 54B. Upon Perusal Of Computations & Various

For Appellant: Sh. Navin Gargh, Adv. – Ld. ARFor Respondent: Sh. Sukesh Kumar Jain – Ld. CIT-DR
Section 142(1)Section 143(3)Section 263Section 50CSection 54B