2010 (11) TMI 583 - HC - Income Tax

Sale of agricultural land - Whether exemption of capital gains under Section 54-B of the Act is allowable to the assessee in the absence of completion of sale transactions - the assessee utilized the amount of sale consideration received by him in respect of sale of his land by purchasing the new assets and making advance payment for that purpose, well before the expiry of time due for furnishing the return and, therefore, the assessee was entitled to the benefit of provisions of Section 54B of the Act - Thus substantial question of law is answered against the Revenue and finding no merit in the appeal, the same is dismissed.

Summary

Issues:
1. Whether exemption of capital gains under Section 54-B of the Act is allowable to the assessee in the absence of completion of sale transactions?

Comprehensive Analysis:
The case involved an appeal under Section 260A of the Income-Tax Act, 1961, filed by the assessee against an order passed by the Income Tax Appellate Tribunal Chandigarh Bench related to the assessment year 1998-99. The main issue for determination was whether the assessee was entitled to the exemption of capital gains under Section 54-B of the Act in the absence of completing the sale transactions. The assessing officer had disallowed the deduction under Section 54B as the assessee did not deposit the sale consideration in the specified account under the Capital Gains Account Scheme before the due date for filing the return. However, the CIT(A) allowed the appeal, stating that the amount received from the sale had been utilized by the assessee for purchasing agricultural lands, fulfilling the requirements of Section 54B.

The Tribunal upheld the order of the CIT(A) by noting that the assessee had purchased new assets in the form of agricultural lands or made advance payments before the due date for filing the return. The Tribunal highlighted that the capital gains had been invested in the purchase of land, and therefore, there was no need to deposit the amount in the specified account as per Section 54B(2) of the Act. The Tribunal emphasized that the assessee had utilized the entire capital gain amount for purchasing agricultural land within the specified time, leaving no capital gains for consideration. Additionally, the Tribunal referred to relevant judicial pronouncements to support its decision, stating that the conditions of Section 54B(1) had been complied with by the assessee.

Both the CIT(A) and the Tribunal found that the assessee had appropriately utilized the sale consideration amount for purchasing new assets well before the due date for filing the return, making the assessee eligible for the benefit of Section 54B of the Act. The appellate authorities did not find any legal errors or perversity in the findings, leading to the dismissal of the Revenue's appeal. The substantial question of law was answered against the Revenue, and the appeal was ultimately dismissed by the High Court.