Land given for development - business income or capital gains ?

ankit (student) (127 Points)

11 March 2017  
one of my client had plot of land which was given to a develeoper (builder) for construction of flats and shops. In consideration 40% of flats and shops were given to my client. He is selling flats/shops one by one. My question : whether income on sale of flat would be taxable as business income or capital gains ??