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As per its ground of appeal, the assessee has challenged the action of the CIT (A) in upholding the action of the AO for treating the profits arising on sale of land as 'business income' instead of capital gains as claimed by the assessee.

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Section 2(13) read with section 28(i) of the Income Tax Act, 1961— Adventure in nature of trade — Assessee has purchased agricultural land and immediately thereafter converted said land into non agricultural for commercial use etc, driving force for purchase of land was to exploit it commercially and thus profit arising on sale being nearly 30 times of investment in a period of 3-4 years owning to such concerted and planned transaction of purchase and sale of land, had been rightly regarded as business activity by AO — Harshadkumar Amrutlal Patel vs. Deputy Commissioner of income tax [2019] 179 ITD 844 (Ahmedabad-trib)

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