2014 (4) TMI 1044 - AT - Income Tax

Exemption under section 54B - Held that - Since the main issue with regard to exemption under section 54B is remitted back to the file of the Assessing Officer, this Tribunal is of the considered opinion that the fair market value also needs to be reconsidered by the Assessing Officer after giving reasonable opportunity of hearing to the assessee. Accordingly, the orders of the authorities below on this issue are also set aside and the issue of fair market value is also remitted back to the file of the Assessing Officer. The Assessing Officer shall reconsider the issue of the fair market value and decide the same in accordance with law after giving reasonable opportunity of hearing to the assessee. - Matter remanded back - Decided in favour of assessee.

Summary

Issues:
1. Exemption under section 54B of the Income Tax Act.
2. Fair market value as on April 1, 1981.

Exemption under section 54B:
The case involved an appeal by both the assessee and the Revenue against the Commissioner of Income-tax (Appeals) order. The primary issue was the exemption under section 54B of the Income Tax Act. The assessee claimed that the land sold was under cultivation and the sale proceeds were reinvested in agricultural land. However, the Assessing Officer found that the land had been converted into non-agricultural use. The Commissioner of Income-tax (Appeals) allowed the claim without considering the nature of the land. The Tribunal observed that for claiming exemption under section 54B, the land must have been used for agricultural purposes in the two years preceding the sale, and the assessee must have purchased another land for agricultural use within two years of the sale. The Tribunal found that the lower authorities had not properly examined these requirements. Therefore, the matter was remitted back to the Assessing Officer for a fresh examination to determine if the land was used for agriculture and if the capital gain was reinvested in agricultural land.

Fair Market Value as on April 1, 1981:
The assessee also raised a ground regarding the fair market value as of April 1, 1981. Since the main issue of exemption under section 54B was remitted back to the Assessing Officer, the Tribunal decided that the fair market value needed to be reconsidered as well. The orders of the lower authorities on this issue were set aside, and the matter was also remitted back to the Assessing Officer for a fresh decision after providing a reasonable opportunity for the assessee to be heard.

In conclusion, the appeals and cross-objection were allowed for statistical purposes, and both the issues of exemption under section 54B and fair market value were remitted back to the Assessing Officer for a fresh examination and decision in accordance with the law.