1992 (8) TMI 5 - HC - Income Tax

Summary

Issues Involved:
The issues involved in this case are whether the lands sold were agricultural lands and whether the lands within a panchayat can be excluded as capital assets u/s 2(14) of the Income-tax Act, 1961.

Regarding the first issue:
The Tribunal concluded that the lands sold were agricultural based on factual evidence such as revenue records, cultivation status, irrigation benefits, and agricultural income received. The Tribunal's decision was supported by valid materials, leading to the correct conclusion that the land in question was agricultural.

Regarding the second issue:
The interpretation of u/s 2(14) excludes agricultural land as a capital asset within the limits of a municipality, not a panchayat. The land sold was in a panchayat, not a municipality, and therefore falls outside the scope of section 2(14). Despite arguments from the Revenue, the court held that a panchayat cannot be considered under the exclusion clause of agricultural land as a capital asset. The Tribunal's decision to delete the tax on capital gains from the sale of agricultural lands was justified, and the tax case petition was dismissed with no costs awarded.