Vinaya Sharma v. ACIT (2025) 234 TTJ 417 (Jaipur)(Trib)

S. 2(14)(iii): Capital gains-Land beyond 8 km from municipal limits-Held, not a capital asset-Agricultural income supported by records-Additions deleted. [S. 10(1), 153A]

The Hon’ble ITAT held that the land sold by the assessee was not a capital asset under S. 2(14)(iii), as it was located in a rural area beyond the municipal limits of Kota. The assessee substantiated her claim with supporting evidence, including Khasra, Girdawari, and Google Maps showing the land was more than 8 km from the municipal boundary. Capital gains addition was deleted. On the issue of agricultural income, the Hon’ble ITAT held that it was reasonable, consistent, and supported by landholding and crop cultivation records. In the absence of any contrary evidence from the Revenue, the claim was accepted as genuine.(AY. 2015-16)

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