Mujib Salmanbhai Pathan v. ACIT (2021) 190 ITD 562 (Nagpur)(Trib.)

S. 45 : Capital gains-Business income-Developer-Sale of land after gap of a decade-Profits assessable as capital gains-Entitle for exemption. [S. 28(i), 54F]

Assessee a developer sold the land after a gap of a decade and treated the profit as long term capital gains and claimed exemption under section 54F of the Act.   The Assessing Officer assessed the gain as business income on the ground that the land was sold to 21 different parties. On appeal the Tribunal held that since assessee had sold said land after gap of a decade and same was shown as investment in fixed assets in balance sheet from time of acquisition till sale of land, profit arising out of sold land was assessable to tax under head capital gains and entitle for exemption. (AY. 2015-16)