2016 (9) TMI 1343 - HC - Income Tax

Admit on the following substantial questions of law. (1) Whether the provisions of 194 LA qua the TDS are to be determined only on the basis of records furnished by assessee and no inquiry, investigation, physical varification is permissible/desirable at the end of assessing officer to ascertain the nature of land whether it is agricultural or non agricultural? (2) Whether General law can override the provisions of Income Tax Act when the Special Act defines agricultural land, Agricultural income and provisions of Chapter-XVII and intends to Tax the land on which no agricultural operation are carried out as per mandate of Sections 2 (1A), 2(14), 2(24), 2(31), 10(1A) and 194LA?

Summary

The High Court of Rajasthan admitted the case for consideration of two substantial questions of law related to the determination of TDS provisions under 194 LA and the interaction between general law and the Income Tax Act regarding agricultural land. The appellant was represented by Mr. Sameer Jain, and the respondent by Mr. Atul Saxena. No notice was issued as the respondent was represented.