Ita/1295/2009 Of The Commissioner Of Income Tax,Calicut v. A. Aboobacker, Athikkal House, Malappurm
High Court
21 Dec 2010 In favour of: Assessee
Forum / Bench
High Court · highcourtofkerala
Parties
Ita/1295/2009 Of The Commissioner Of Income Tax,Calicut v. A. Aboobacker, Athikkal House, Malappurm
Date of order
21 Dec 2010
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Ita/1295/2009 Of The Commissioner Of Income Tax,Calicut v. A. Aboobacker, Athikkal House, Malappurm, the High Court (2010) dismissed the appeal. The decision went in favour of the assessee.
Issue: Question involved is whether respondent-assessee is entitled toexemption from payment of capital gains on the land acquired which isagricultural land within the Panchayat area.
Decision: Appeal is accordingly dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE B.P.RAY
TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932
ITA.No. 1295 of 2009()
----------------------
ITA.304/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH
....................
APPELLANT/REVENUE
-------------------------------------
THE COMMISSIONER OF INCOME TAX,
KOZHIKODE.
BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)
SRI.JOSE JOSEPH, SC, FOR INCOME TAX
RESPONDENT/ASSESSEE
-----------------------
SHRI A.ABOOBACKER, ATHIKKAL HOUSE,
KUMMUMMAL, EDAVANNA, MALAPPURAM DITRICT.
ADV. SRI.K.ANAND (A.201) FOR R1
SMT.LATHA KRISHNAN FOR R1
THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD
ON 21/12/2010, THE COURT ON 21/12/2010 DELIVERED THE
FOLLOWING:
C.N.RAMACHANDRAN NAIR &BHABANI PRASAD RAY, JJ.
....................................................................
I.T. Appeal No.1295 of 2009
....................................................................Dated this the 21st day of December, 2010.
JUDGMENT
Ramachandran Nair, J.
Question involved is whether respondent-assessee is entitled toexemption from payment of capital gains on the land acquired which isagricultural land within the Panchayat area. Agricultural land isexempted from capital gains tax unless it is located in Municipal areaor notified areas. Consequently we do not find any merit in the appealfiled by the Revenue. Appeal is accordingly dismissed.
C.N.RAMACHANDRAN NAIRJudge
BHABANI PRASAD RAYJudge
pms
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