2020 (5) TMI 623 - AT - Income Tax

Capital gain on sale of land - whether the land in question is agricultural land or not? - assessee have filed certificate from the Tehsildar and copies of Khasra and Khatauni in support of their claim that the land in question was agricultural - HELD THAT - In view of the various documents filed by the assessee in support of their claim of the land being agricultural in nature, which were totally ignored by the lower authorities, and the fact that the two assesses i.e. Mrs. Urmila Ghanshyam Dass Ghiraiya and Smt. Usha Devi have been regularly showing agricultural income in their returns of income, we are unable to subscribe to the conclusion arrived at by the CIT (A) that the land in question was not agricultural land. Accordingly, while holding that the land in question was agricultural land - Decided in favour of assessee.

Summary

Issues:
- Determination of whether the land in question is agricultural or not.
- Taxability of gain on the sale of agricultural property as long term capital gain.

Analysis:

Issue 1: Determination of whether the land in question is agricultural or not:
The case involved three appeals challenging orders passed by the Commissioner of Income Tax (Appeals) regarding the assessment year 2012-13. The central issue revolved around the classification of land as agricultural or non-agricultural. The Assessing Officer had added a significant amount to the income of the assessee as protective addition based on the sale proceeds of land. The Assessee contended that the land was agricultural, supported by documents such as a certificate from the Tehsildar and copies of Khasra and Khatauni. The lower authorities had disregarded these documents and concluded that the land was not agricultural. However, the Tribunal found that the documents provided by the Assessee, along with the regular declaration of agricultural income in previous years, indicated that the land was indeed agricultural. The Tribunal emphasized the evidentiary value of the revenue records and the lack of contradictory evidence from the Department. Citing a relevant High Court case, the Tribunal held that if agricultural operations were conducted on the land until the sale and it was registered as agricultural in revenue records, the gains from the sale would be exempt from capital gains tax. Consequently, the Tribunal allowed the appeal, holding that the land in question was agricultural.

Issue 2: Taxability of gain on the sale of agricultural property as long term capital gain:
The specific ground raised in the appeals questioned the denial of relief under section 2(14) of the Income Tax Act, 1961, regarding the tax treatment of gain on the sale of agricultural property. The Assessee argued that if the land was considered agricultural, it would fall outside the definition of a 'capital asset.' The Tribunal, after determining the land as agricultural, concluded that the gain on the sale of such agricultural land should not be taxed as long term capital gains. The Tribunal's decision on this issue was intertwined with the classification of the land as agricultural, as it directly impacted the tax treatment of the sale proceeds. By allowing this ground in the appeals, the Tribunal rendered other related grounds academic in nature.

In conclusion, the Tribunal allowed two appeals while dismissing one, based on the determination that the land in question was agricultural. The decision emphasized the importance of documentary evidence, consistency in income declarations, and the legal classification of land for tax purposes.