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may 1988

Supreme Court of India · 1988-05-05

R.K.PALSHIKAR (HUF) vs COMMISSIONER OF INCOME-TAX, MADHYA PRADESH, NAGPUR,BHANDARA

Citation / case number
SC 1975/60547
Court
Supreme Court of India
Petitioner
R.K.PALSHIKAR (HUF)
Respondent
COMMISSIONER OF INCOME-TAX, MADHYA PRADESH, NAGPUR,BHANDARA
Author
M.H. KANIA
Bench
M.H. KANIA

Judgment text excerpt

The Supreme Court addressed a reference under Section 66(1) of the Indian Income-tax Act concerning the applicability of Section 12-B to lease transactions involving agricultural land. The Court held that the lease of land for 99 years constituted a transfer under Section 12-B, thus attracting capital gains tax. The appellant's argument regarding the land being Inam land and not incurring a cost of acquisition was dismissed as it was not raised in prior proceedings, affirming the High Court's decision.

R.K.PALSHIKAR (HUF) vs COMMISSIONER OF INCOME-TAX, MADHYA PRADESH, NAGPUR,BHANDARA · Niyam