Question And Answer
Subject: capital gain on sale of Agricultural land
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Querist: bks
Answered by:
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Date: September 29, 2025
Query asked by bks

All conditions satisfied e g distance, population etc

no income from agricultural activity shown in return

whether AO can treat thus as taxable ?

any case law ?

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Answer given by

If all the conditions of s. 2(14)(iii) are satisfied, the capital gain would not be taxable. The fact that income from agricultural activity is not shown should not be a bar. The principle laid down by the Bombay High Court in The Commissioner Of Income Tax-Iii … vs Smt. Maltibai R. Kadu and CBDT Circular No 17 of 2015 apply.



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