The main object clause in the Memorandum of Association of assessee-company's included doing real estate business. During the relevant year, the assessee had claimed that income from sale of agricultural lands would be exempt from tax by virtue of section 2(14) of the Act. However, the AO rejected assessee's claim and treated such income as business income. On appeal, CIT(A) upheld order of AO. On further appeal, the Tribunal held in favour of revenue as under: 1) The land was registered as agricultural land in revenue records and payment of land revenue and leasing of the land for agricultural purposes were in favour of the assessee; 2) However, the assessee-company having the main object of dealing in real estate had not actually carried on the agricultural operations in the said land; 3) Even if it was accepted that the land was leased for agricultural purposes, it was only a stop gap arrangement and the evidence brought on record is not enough to show there was actual agricultural operation; and 4) The land was sold for non-agricultural purposes at heavy price and the intention of the assessee was to deal in the land and earn profit. Therefore, it was held that income arising out of this activity was nothing but business income and it had to be taxed accordingly because assessee was carrying on business of real estate and the said land was held as stock-in trade - G.K. PROPERTIES (P.) LTD. v. ITO [2012] 25 taxmann.com 197 (Hyderabad - Trib.) |
Tuesday, 11 September 2012
Profits from sale of agricultural land taxable as 'business income' if main object of co. is real estate business.
Subscribe to:
Post Comments (Atom)
Now You Have to Pay GST on Losses as Well!
Recently, a few announcements made by our Finance Minister, Nirmala Sitharaman, sparked widespread discussions, particularly in the retail a...
-
In this article, for the benefit of our reader’s we have come up with detailed FAQ on procedures of issuance, requirement of Form 15CA an...
-
1. Situation I. Tax Department Summons An employee received a summons from the tax department demanding an explanation for failing to discl...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Many of us rely on home loans to purchase residential property, but are you fully aware of how tax laws impact your financial strategy? Unde...
-
Summary of the relevant updates is provided below for ease of your reference: A) Proposals relating to GST law, Compliances an...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Particulars Singapore Hong Kong Corporate Tax rate 17% 16.5%. Numb...
-
This Tax Alert summarizes Circular No. 19/2024 dated 16 December 2024 (VSV 2- December Circular) issued by the Central Board of Direct Tax...
No comments:
Post a Comment