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)
Can GST Under RCM Not Charged and Paid from FY 2017-18 to October 2024 be Settled in FY 2024-25?
In a recent and significant update to GST regulations, registered persons in India can now clear unpaid Reverse Charge Mechanism (RCM) liab...
-
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...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
When India introduced the Goods and Services Tax (GST), it created a big change in the way companies handle their taxes. Earlier, business...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
Companies often give gifts to their employees to boost morale, celebrate achievements, and promote a positive work environment. Such gifts ...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Section 150 of the Finance (No. 2) Act, 2024, specifies that taxpayers will not receive refunds for taxes paid or input tax credits (ITC) re...
-
This Tax Alert summarizes the recent advisory issued by Goods and Services Tax Network (GSTN) on hard-locking of auto populated values in...
No comments:
Post a Comment