Assessee sold agricultural land and claimed exemption. AO rejected the claim on the ground that the assessee had not utilised land for agricultural purpose. Tribunal held that records were showing that lands were agricultural land, classified as dry land for which Kisthu had been paid. Tribunal also held that the merely because of adjacent land was divided into plots for sale was not a reason to held that land sold by assessee was for purpose of development land in question cannot be trated as capital asset. Order of Tribunal is up held by the High Court. (AY. 2012-13)
CIT v. Venkateswara Hospital (2019) 106 taxmann.com 282 / 264 Taxman 90 (Mad.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Venkateswara Hospital. (2019) 264 Taxman 89 (SC)
S. 2(14)(iii) : Capital asset-Agricultural land- Classified as dry land for which Kishtu had been paid- Adjacent land was divided into plots for sale cannot be the ground to reject the claim of the assessee. [S. 45, 260A]