2017 (1) TMI 719 - AT - Income Tax

Assessability of gain arising on sale of agricultural land - whether the same is exempt from tax? - measurement of distance for the purpose of deciding the character of land - Held that - The first issue as to whether any agricultural activity is being carried out or not has been elaborately considered by the CIT(A) and he has given finding that the entries in 7/12 extract evidenced the cultivation of land and the same remained uncontroverted. The Revenue before us has also failed to controvert the finding of CIT(A) in this regard and hence, we find no merit in the ground of appeal No.1 raised by the Revenue. Vis- -vis, the distance to be taken note of, the Hon ble Punjab & Haryana High Court in CIT Vs. Satinder Pal Singh (2010 (1) TMI 752 - Punjab and Haryana High Court ) had held that for measurement of distance for the purpose of deciding the character of land, whether agricultural or not is to be done in terms of the approach road and not by a straight line distance or horizontal plain or as per crow s flight. The Talat hi in the certificate has certified that the distance from municipal limits was about 13 kilometers i.e. beyond eight kilometers. Accordingly, we uphold the order of CIT(A) in holding that the gain arising from sale of agricultural land is not to be taxed in the hands of assessee. Upholding the same, we dismiss both the grounds of appeal raised by the Revenue. - Decided in favour of assessee.

Summary

Issues Involved:
1. Assessability of gain arising on the sale of agricultural land and whether it is exempt from tax.

Analysis:

Issue 1: Assessability of Gain on Sale of Agricultural Land
The Revenue filed appeals against the orders of CIT(A)-V, Pune, regarding the assessment year 2007-08 under section 143(3) of the Income Tax Act, 1961. The main issue was whether the land sold should be considered as 'agricultural land' for exemption under section 2(14)(iii) when the assessee failed to provide details on agricultural operations and income. The Assessing Officer determined that the land was within eight kilometers from municipal limits, making it a capital asset. The CIT(A) considered evidence, including the 7/12 extract, showing agricultural activity on the land. The entries in the 7/12 extract indicated cultivation of the land, which remained uncontroverted. The CIT(A) concluded that the land was agricultural, exempting the gain from tax.

Issue 2: Measurement of Distance for Land Characterization
Another issue was the measurement of distance for land characterization, whether to consider the approach road or a straight-line distance. The CIT(A) referred to a certificate from the Talathi stating the distance from municipal limits as about 13 kilometers. Citing a judgment, the Hon'ble Punjab & Haryana High Court held that distance should be measured in terms of the approach road. The CIT(A) held that the land should be treated as agricultural based on this distance measurement. The Tribunal upheld the CIT(A)'s decision, stating that the gain from the sale of agricultural land should not be taxed, as the distance exceeded eight kilometers.

In conclusion, the Tribunal dismissed all appeals by the Revenue, upholding the CIT(A)'s decision regarding the exempt status of the gain from the sale of agricultural land based on evidence of agricultural activity and the measurement of distance in terms of the approach road.