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Issues Involved:
1. Whether the land in question was agricultural land on the date of its transfer. 2. Whether the Tribunal was justified in permitting the department to raise the additional ground regarding the registration of the instrument of transfer. 3. Whether the transfers in question were effected before March 1, 1970, as contemplated in section 47(viii) of the Income-tax Act, 1961. 4. Whether the Tribunal was justified in not accepting the assessee's contention that the transfer was effected on the dates of execution of the sale deeds. 5. Whether the interest deficit to the extent of Rs. 6,453 was deductible while determining the total income. Issue-wise Detailed Analysis: 1. Whether the land in question was agricultural land on the date of its transfer: The Tribunal had formed the opinion that the land was agricultural based on mixed questions of law and fact. However, the Tribunal's decision was challenged by the Revenue, which argued that the land was non-agricultural. The High Court applied the principles from CIT v. Sarifabibi Mohamed Ibrahim [1982] 136 ITR 621 and concluded that the land in question was non-agricultural. Factors considered included the land's location within municipal limits, its sale to a non-agriculturist for non-agricultural purposes, and the high sale price per square yard. The Court emphasized that the land's gross agricultural income was minimal, and the land was situated in an urban area with surrounding buildings, thus supporting the conclusion that it was non-agricultural. 2. Whether the Tribunal was justified in permitting the department to raise the additional ground regarding the registration of the instrument of transfer: The Tribunal allowed the Revenue to raise an argument based on the amended law, which was not previously urged before the ITO or the AAC. The High Court upheld this decision, citing Rule 27 of the Income-tax (Appellate Tribunal) Rules, 1963, which permits the respondent to support the order appealed against on any grounds decided against him. The Court emphasized that the subject matter of the appeal remained the same, and the Tribunal was justified in permitting the Revenue to raise the additional ground. 3. Whether the transfers in question were effected before March 1, 1970, as contemplated in section 47(viii) of the Income-tax Act, 1961: The Tribunal had held that the transfers were not effected before March 1, 1970, because the sale deeds were presented for registration after this date. However, the High Court disagreed, stating that the transaction of sale becomes effective from the date of execution of the document if it is subsequently registered. The Court held that the Tribunal was in error in holding that the transaction was not effected before March 1, 1970, thus ruling in favor of the assessee on this point. 4. Whether the Tribunal was justified in not accepting the assessee's contention that the transfer was effected on the dates of execution of the sale deeds: The High Court concluded that the Tribunal was incorrect in not accepting the assessee's contention. It held that the transfer should be considered effective from the date of execution of the sale deeds, provided the documents were subsequently registered. This interpretation aligns with the provisions of section 47 of the Registration Act, which states that a registered document operates from the time it would have commenced to operate if no registration had been required or made. 5. Whether the interest deficit to the extent of Rs. 6,453 was deductible while determining the total income: This issue was covered against the assessee by a decision of the High Court in Smt. Padmavati Jaykrishna v. CIT [1975] 101 ITR 153 (Guj). The Court held that the interest deficit was not deductible while determining the total income, thus ruling against the assessee. Conclusion: The High Court concluded that the land in question was non-agricultural, thus the gains arising from its transfer were exigible to tax as capital gains. The Tribunal was justified in permitting the department to raise the additional ground regarding the registration of the instrument of transfer. However, the Tribunal erred in holding that the transfers were not effected before March 1, 1970, and in not accepting the assessee's contention regarding the date of execution of the sale deeds. The interest deficit to the extent of Rs. 6,453 was not deductible while determining the total income. The reference was answered accordingly, with no order regarding costs.
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