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Manubhai A. Sheth And Others vs N.D. Nirgudkar, 2Nd Income-Tax ... on 18 June, 1980

1. The petitioner states that he is the "karta" of an undivided family of five members. In this case, we are concerned with certain aspects with regard to the income-tax assessment on the petitioner for the assessment year 1972-73. During the previous year, about 2 acres and 3 1/5 cents of land belonging to the Hindu undivided family was acquired by the Government under the Land Acquisition Act for the purpose of the Cochin Shipyard. The short question that was mooted by the petitioner before the authorities below was that the lands acquired are agricultural lands and any capital gains arising therefrom could not be brought to tax. The petitioner largely relied upon the decision of the Bombay High Court, reported in Manubhai A. Sheth v. N. D. Nirgudkar [1981] 128 ITR 87 in support of his plea.
Bombay High Court Cites 96 - Cited by 94 - Full Document

Commissioner Of Income-Tax vs T.K. Sarala Devi on 6 April, 1987

The decision in Sarala Devi's case [1987] 167 ITR 136 (Ker) was followed subsequently in more decisions than one ; the latest decision is reported in CIT v. Glory Paul [1990] 186 ITR 496 (Ker), wherein, besides the above decision in Sarala Devi's case [1987] 167 ITR 136 (Ker), the amendment made by Section 3 of the Finance Act, 1989, to Section 2(14) of the Income-tax Act, 1961, was also referred to, to show that the plea that no capital gains tax is leviable on the acquisition of agricultural lands is without substance.
Kerala High Court Cites 9 - Cited by 24 - T K Thommen - Full Document

Commissioner Of Income-Tax vs Glory Paul on 5 July, 1989

The decision in Sarala Devi's case [1987] 167 ITR 136 (Ker) was followed subsequently in more decisions than one ; the latest decision is reported in CIT v. Glory Paul [1990] 186 ITR 496 (Ker), wherein, besides the above decision in Sarala Devi's case [1987] 167 ITR 136 (Ker), the amendment made by Section 3 of the Finance Act, 1989, to Section 2(14) of the Income-tax Act, 1961, was also referred to, to show that the plea that no capital gains tax is leviable on the acquisition of agricultural lands is without substance.
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