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Cross-appeals by assessee and department on levy of tax on capital gains from sale of agricultural lands requisitioned by Government for Defence Services in 1940s, acquired in 1973. Dispute on whether lands were agricultural and exempt from capital gains. Analysis: 1. The dispute in this case revolves around the levy of tax on capital gains arising from the sale of agricultural lands that were requisitioned by the Government for Defence Services in the 1940s and later acquired in 1973. The primary issue is whether these lands qualify as agricultural and are thus exempt from capital gains tax. 2. The assessee initially did not show capital gains in the original assessment but later admitted to it during reassessment. The Income-tax Officer determined the capital gains, leading to the appeals. The Appellate Asstt. Commissioner rejected the claim that no capital gains could be levied but accepted that the solatium received should not be included in the assessment. 3. The key argument presented was that the lands were agricultural in nature, citing a decision of the Andhra Pradesh High Court. However, the Department contended that as of the transfer date in 1973, there was no cultivation on the lands, relying on another High Court decision supporting the levy of capital gains on transfer of agricultural land. 4. The Tribunal analyzed the conflicting decisions of the High Court in two cases, emphasizing the need to reconcile them. The Tribunal observed that the earlier decision held that the lands constituted capital assets due to their location within urban areas, while the later decision clarified that agricultural lands used for agriculture should be exempt from capital gains tax. 5. The Tribunal ultimately followed the decision that agricultural lands used for cultivation should be exempt from capital gains tax. It highlighted the importance of determining whether the land was being used for agricultural purposes at the time of transfer, rather than focusing on the post-acquisition usage by Defence authorities. 6. The Tribunal distinguished another Tribunal decision cited by the Department where the facts were different, emphasizing the significance of antecedent cultivation by the assessee himself. In this case, since the lands were originally agricultural and requisitioned by the Defence authorities, the Tribunal held that no capital gains could be levied. 7. Regarding the departmental appeal on the inclusion of solatium in the assessment, the Tribunal noted that since no capital gains were assessable due to the lands being classified as agricultural, the issue became academic. The Tribunal allowed the assessee's appeal and dismissed the departmental appeal, concluding that no capital gains would be assessable in this case.
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