2018 (1) TMI 277 - HC - Income Tax

Nature of land - agricultural land - Held that - Whether the land is an agricultural land or not is essentially a question of fact and the question has to be answered in each case having regard to the fact and circumstances of the case. One among the tests laid down by the Hon ble Supreme Court in Sarifabibi Mohmed Ibrahim (1993 (9) TMI 10 - SUPREME Court) was that the fact that the land is entered as agricultural land in the revenue records and is assessed as such under the Land Revenue Code would be a circumstance in favour of conclusion that it is an agricultural land. It was pointed out that this would raise only a prima facie presumption and the said presumption can be destroyed by other circumstances pointed to the contrary conclusion. In our considered view, the presumption that if the land is recorded as agricultural land in the revenue records, it would only enure in favour of the assessee and the onus to dislodge the said presumption is on the Revenue. In the instant case, apart from the revenue records classifying the land as agricultural land, the Assessing Officer accepted the agricultural income declared from the said property for the Assessment Year 2010-11 and completed the assessment. Merely because the property fetched an income of only ₹ 65,300/- during the relevant Assessment Year is not a ground to discredit the assessment by itself, which has determined the character of the land to be agricultural land. Thus, we find that the entire issue is purely factual and no substantial question of law arises for consideration in this appeal.

Summary

Issues:
1. Consideration of evidence for agricultural operations to claim exemption of agricultural income.
2. Intention of the assessee in purchasing and selling land for agricultural operations.
3. Interpretation of land use based on revenue records and actual agricultural activities.

Analysis:

Issue 1:
The appeal raised questions regarding the failure of the Tribunal to consider evidence of agricultural operations by the Assessee to substantiate the exemption of agricultural income. The Assessing Officer had rejected the exemption claim due to lack of evidence of agricultural activities on the land despite the Assessee's declaration of agricultural income. The Tribunal's finding was challenged based on the absence of proof such as input costs, labor details, and sale proceeds of produce, indicating the non-allowance of deductions.

Issue 2:
The Tribunal evaluated the intention of the Assessee in purchasing and selling the land for agricultural purposes. The Assessing Officer highlighted the significant increase in land value within a short period, suggesting a lack of intent for agricultural operations. The CIT (A) and the Tribunal considered various factors, including the proximity of the land to the nearest panchayat limit, population of the village, and the land's classification in revenue records as agricultural. The Tribunal concurred with the CIT (A)'s factual findings, emphasizing that the determination of land character as agricultural involves a case-specific analysis.

Issue 3:
The Tribunal emphasized the significance of revenue records classifying the land as agricultural and assessed under the Land Revenue Code as a favorable circumstance indicating agricultural land. The Tribunal highlighted the prima facie presumption arising from such classification, placing the onus on the Revenue to rebut this presumption with contrary evidence. In this case, the acceptance of agricultural income by the Assessing Officer for the relevant assessment year supported the characterization of the land as agricultural, despite the low income generated.

In conclusion, the High Court dismissed the Tax Case Appeal, stating that the issue was primarily factual, and no substantial question of law emerged for consideration. The judgment underscored the importance of factual analysis, including evidence of agricultural activities, intention in land transactions, and the significance of revenue records in determining land use classification.