2011 (8) TMI 512 - AT - Income Tax

Sale of agricultural land - Capital asset u/s 2(14)- long term capital gain - held that - there is no dispute that the newly created GVMC is a municipality and the impugned lands sold by the assessee are situated within the limits of GVMC. Accordingly without prejudice to the contentions of the revenue that the impugned lands are not agricultural lands the said lands would fall in the category of Capital assets within the meaning of clause (a) of section 2(14)(iii) of the Act if they are held to be an agricultural land. - the contention of the assessee that the impugned lands are agricultural lands has not been accepted by the department. - the claim of the assessee has not been examined by the Assessing Officer in the absence of required details. - matter restored to AO for fresh decision Exemption u/s 54B - Agriculture land - vacant land - held that - if the Assessing Officer comes to the conclusion that the impugned lands are agricultural lands still the capital gain arising on their sale is assessable under the head Capital gains for the reason that the impugned lands are located within the limits of municipality viz. GVMC. However the assessee would be entitled for exemption under section 54B of the Act on the reinvestment made by him in purchase of another agricultural land. - AO directed to verify the claim of the assessee. Provisions of section 50C - for computing short term capital gains - held that - The Learned CIT(A) has specifically noticed that the assessee did not object before Assessing Officer for adopting the sales value determined for stamp duty purposes for computing the short term capital gain as per the provisions of section 50C of the Act. Hence there was no necessity for the Assessing Officer to make a reference to the valuation officer. Before us no material was placed to show that the assessee did object before the Assessing Officer for applying the provisions of section 50C. Hence we do not find any infirmity in the decision of Learned CIT(A) on this issue.

Summary

Issues Involved:
1. Validity of addition of Rs. 1,28,24,700 as long-term capital gain on sale of agricultural land.
2. Validity of addition of Rs. 73,18,992 as short-term capital gain on sale of land.
3. Eligibility for exemption under section 54B of the Income-tax Act.
4. Applicability of section 50C in computing short-term capital gains.

Detailed Analysis:

1. Validity of Addition as Long-Term Capital Gain:
The assessee contended that the lands sold were agricultural and thus exempt from capital gains tax. The Assessing Officer rejected this claim, stating the lands were described as "Vacant land" in the conveyance deeds and no certified documents were provided to prove they were agricultural. The tribunal noted that the nature of the land must be determined by considering various aspects and remanded the issue back to the Assessing Officer for re-examination with a direction to consider the details provided by the assessee.

2. Validity of Addition as Short-Term Capital Gain:
The assessee argued that the sale was a distress sale and part of the consideration was not received. However, the Assessing Officer computed the short-term capital gain by adopting the value determined for stamp duty purposes as per section 50C of the Act. The tribunal upheld this computation, noting that the assessee did not object to the adoption of the stamp duty value before the Assessing Officer, and thus, there was no necessity for a reference to the valuation officer.

3. Eligibility for Exemption under Section 54B:
The assessee claimed exemption under section 54B, arguing that the reinvestment in agricultural land was within the prescribed time. The Assessing Officer denied this exemption, stating the lands sold were not agricultural and the assessee did not deposit the capital gains in the "Capital gains account scheme" before the due date for filing the return. The tribunal directed the Assessing Officer to verify the nature of both the sold and newly purchased lands. If both are found to be agricultural, the Assessing Officer should consider the exemption claim in light of the ITAT Bangalore decision in Nipun Mehrotra v. Asstt. CIT.

4. Applicability of Section 50C:
The tribunal confirmed the applicability of section 50C, which mandates adopting the value determined for stamp duty purposes in computing capital gains. The assessee's failure to object to this adoption before the Assessing Officer negated the need for a reference to the valuation officer. The tribunal found no infirmity in the decision of the CIT(A) on this issue.

Conclusion:
The tribunal partly allowed the appeal for statistical purposes, directing a re-examination of the nature of the lands sold and purchased and the eligibility for exemption under section 54B, while upholding the application of section 50C in computing short-term capital gains.