2015 (8) TMI 988 - HC - Income Tax

Exemption under Section 10(37) - compensation received on compulsory acquisition of agricultural land - claim denied on the ground that assessee had not fulfilled the second condition laid down under said provision for availing exemption - Held that - We are of the view that since the finding of fact has been given by all the authorities that the appellant was not carrying on any agricultural activity in the plot in question in preceding two years prior to 07.10.2008, the appellant would not be entitled to the benefit of Section 10(37) of the Act. - Decided against assessee.

Summary

Issues:
1. Applicability of Clause (ii) of sub-section (37) of Section 10 of the Income Tax Act.
2. Whether the land in question was used for agricultural purposes by the assessee during the two years immediately preceding the date of transfer or compulsory acquisition.

Analysis:

Issue 1: Applicability of Clause (ii) of sub-section (37) of Section 10 of the Income Tax Act
The case involved the interpretation of Section 10(37) of the Income Tax Act, which provides for exemption from capital gains tax arising from the transfer of agricultural land under certain conditions. The provision requires that the land must have been used for agricultural purposes by the assessee during the two years immediately preceding the transfer or compulsory acquisition. The main contention was whether the appellant fulfilled this condition to claim exemption under Section 10(37).

Issue 2: Agricultural Use of the Land
The Assessing Officer denied the exemption claimed by the appellant, stating that the land was not used for agricultural purposes in the two years before the compulsory acquisition. The authorities relied on revenue records and inspection reports to support their findings. The appellant argued that Eucalyptus trees grown on the land constituted agricultural activity. However, the court held that plantation of trees like Eucalyptus does not qualify as agricultural use for the purpose of the provision. The inconsistent records and lack of evidence of agricultural activities such as expenditure and revenue generation further weakened the appellant's claim.

The court affirmed the findings of fact by the lower authorities that the appellant did not engage in agricultural activities on the land in question for the required two years preceding the acquisition. As a result, the appellant was deemed ineligible for the benefit of Section 10(37) of the Act. The court concluded that no substantial question of law arose for determination, leading to the dismissal of the appeal.

In summary, the judgment focused on the strict interpretation of the conditions under Section 10(37) of the Income Tax Act regarding agricultural land transfer and emphasized the necessity of actual agricultural use by the assessee for the specified period to claim exemption from capital gains tax.