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2014 (5) TMI 957 - AT - Income TaxDeletion of addition on LTCG on sale of non-agricultural land - Whether while valuing the land as on 01-04-1981 for calculating the long term capital gain, should be treated as agricultural land or non-agricultural land or not Held that - As on 01-04-1981 the land was agricultural land which was converted subsequently into non-agricultural land and sold as non-agricultural land - The assessee has taken the valuation of the land at Rs. 960 per square meter on the basis of valuation determined by a government registered valuer by treating this land as non-agricultural land as on 01-04-1981 Following Sri Pravinbhai J. Pandya Versus ITO Ward-2(3), Baroda 2014 (5) TMI 879 - ITAT AHMEDABAD - as on 01-04-1981 land was agricultural land and to apply cost inflation index the same cannot be treated as nonagricultural land as on 01-04-1981 simply because the same was converted into non-agricultural land subsequently in the year 2005 when the same was sold as non-agricultural land the land as agricultural land as on 01-04-1981 and AO has rightly taken the valuation of the land @ 2.32 per sq. ft on the basis of comparable instances obtained by him. As per the provisions of section 55A of the Act, the AO may refer the matter to DVO in case valuation of any property on the basis of registered valuer has been shown by the assessee less than the market value the AO was justified in treating the land as agricultural land as on 01-04-1981 while valuing the same for calculating the long term capital gain thus, the order of the CIT(A) is set aside Decided in favour of Revenue.
Issues Involved:
1. Deletion of addition made on account of Long Term Capital Gain on sale of non-agricultural land. 2. Determination of the nature of land (agricultural or non-agricultural) as on 01-04-1981 for valuation purposes. 3. Validity of the valuation report submitted by the assessee. 4. Application of Section 55A of the Income Tax Act for reference to the District Valuation Officer (DVO). Issue-wise Detailed Analysis: 1. Deletion of Addition on Account of Long Term Capital Gain: The revenue appealed against the deletion of an addition of Rs. 40,15,335/- made by the Assessing Officer (AO) on account of Long Term Capital Gain (LTCG) from the sale of non-agricultural land. The AO had added this amount to the total income of the assessee, which was not offered while filing the return of income. The assessee had received a sales consideration of Rs. 46,25,000/- for his 25% share in the land but did not reflect the capital gain in the return. 2. Determination of the Nature of Land as on 01-04-1981: The primary issue was whether the land should be treated as agricultural or non-agricultural as on 01-04-1981 for the purpose of calculating LTCG. The land was agricultural on 01-04-1981 and was converted to non-agricultural land later. The AO treated the land as agricultural as on 01-04-1981 and valued it at Rs. 80 per square meter based on information from the Deputy Collector (Stamp Duty Valuation), whereas the assessee treated it as non-agricultural and valued it at Rs. 960 per square meter based on a government-registered valuer's report. 3. Validity of the Valuation Report Submitted by the Assessee: The assessee submitted a valuation report from a government-registered valuer, valuing the land at Rs. 960 per square meter as on 01-04-1981. The AO rejected this report, considering it inflated and instead used Rs. 80 per square meter based on the Jantry rate applicable in 1999. The Commissioner of Income Tax (Appeals) [CIT(A)] found the valuation by the registered valuer to be justified and scientific, and noted that the AO did not provide the material collected during the assessment proceedings to the assessee nor pointed out any defects in the valuation report. 4. Application of Section 55A for Reference to DVO: The CIT(A) observed that the AO could have referred the matter to the District Valuation Officer (DVO) under Section 55A of the Income Tax Act if there was dissatisfaction with the registered valuer's report. However, the AO did not follow this provision. The CIT(A) noted that the AO did not take the correct valuation from the details provided, as the rate of Rs. 80 per square meter was based on the rate for irrigated agricultural land, while the Jantry rate for non-agricultural land was Rs. 1900 per square meter in 1999. Judgment: The CIT(A) deleted the addition of Rs. 40,15,335/-, accepting the valuation by the registered valuer and noting that the AO did not follow the provisions of Section 55A. The Tribunal, however, followed the decision in the case of Pravinbhai J. Pandya, where it was held that the land should be treated as agricultural as on 01-04-1981 for calculating LTCG, as it was converted to non-agricultural land only in 2005. The Tribunal found no merit in the argument that the land should be treated as non-agricultural as on 01-04-1981 for better tax benefits. The Tribunal upheld the AO's valuation and set aside the CIT(A)'s order, restoring the AO's decision. Conclusion: The Tribunal allowed the revenue's appeal, holding that the AO was justified in treating the land as agricultural as on 01-04-1981 for valuation purposes and calculating the LTCG accordingly.
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