2018 (8) TMI 1319 - HC - Income Tax

Sale of agriculture land as plotted land - taxable as business income or capital gains - HELD THAT - The very nature and purpose of the agriculture land has been changed and the Tribunal therefore upheld the findings recorded by the CIT(A) that such change is an irreversible change where the very nature and purpose of the land has been changed from agriculture to residential. The Tribunal held that it is not a case that the buyers have acquired agriculture plots and subsequently changed it to residential use. In this case, the assessee itself has developed residential plots and then sold it to individual buyers. In view of the concurrent factual finding recorded by the Assessing Officer, CIT(A) and ITAT, in our view, no question of law much less any substantial question of law does arise for consideration by this Court. Tribunal is the final fact finding authority on the subject.

Summary

Issues:
1. Characterization of income from the sale of agricultural land
2. Conversion of agricultural land into residential stock-in-trade
3. Taxability of income arising from the conversion

Analysis:
1. Characterization of income from the sale of agricultural land:
The appellant contested the classification of the sale proceeds of agricultural land as income from business and profession instead of capital gains. The appellant argued that the division of the land was for ease of sale, not indicative of a business venture. Citing various judgments, the appellant emphasized the lack of intent to engage in trade or commerce. However, the Tribunal upheld the Assessing Officer's findings that the appellant developed the land into residential plots and sold them as a business activity. The Tribunal considered the stamp duty paid on conveyance deeds, plot sizes, and the development timeline as evidence of the land's conversion into a business asset.

2. Conversion of agricultural land into residential stock-in-trade:
The Tribunal affirmed the CIT(A)'s decision that the appellant irreversibly changed the nature and purpose of the agricultural land by developing it into a residential colony for sale. The Tribunal noted that the appellant actively converted the land into residential plots, distinguishing this case from buyers converting agricultural plots post-acquisition. The development of the residential colony was deemed a deliberate business activity, leading to the classification of the land as stock-in-trade.

3. Taxability of income arising from the conversion:
The Tribunal held that the fair market value of the land at the time of conversion minus the acquisition cost should be assessed as capital gains when the stock-in-trade is sold. The sales realization over this value is treated as business income. The Tribunal relied on a Supreme Court judgment to support this conclusion. Given the consistent findings of the Assessing Officer, CIT(A), and ITAT, the High Court found no legal questions for consideration. Referring to a Supreme Court case, the High Court emphasized the finality of the Tribunal's factual determinations unless there is demonstrated perversity.

In conclusion, the appeal challenging the classification and taxability of income from the sale of agricultural land was dismissed by the High Court, upholding the decisions of the lower authorities and emphasizing the finality of the Tribunal's factual findings in such matters.