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2019 (3) TMI 904 - AT - Income TaxNature of land sold - agricultural land or capital asset u/s 2(14) - calculation of distance of more than 8 KMs. from the local limit of any municipality cantonment board - HELD THAT - As noticed that assessing officer has mentioned in his order that assessee has sold an immovable property (non-agricultural land). However, we find that the ld. CIT(A) has held that assessee has sold an agricultural which is not a capital asset. In the light of the above facts, we are of the view that it will be appropriate to restore this issue to the file of ld. CIT(A) to adjudicate the veracity of the fact reported by the A.O. in the assessment order that the sold land was non-agricultural land. In the result, appeal of the revenue of the assessee is allowed for statistical purposes.
Issues:
1. Treatment of land as exempt under section 2(14) of the Income Tax Act. 2. Adjudication on whether the sold land was non-agricultural land. Issue 1: Treatment of land as exempt under section 2(14) of the Income Tax Act: The case involved an appeal and cross objection for the assessment year 2013-14, arising from the order of the CIT(A)-3, Ahmedabad. The assessing officer held that the land sold by the assessee, an agriculturist, should be treated as undisclosed short-term capital gains (STCG) due to lack of offering the STCG in the return of income. The assessing officer considered it a case of tax evasion. The CIT(A) allowed the appeal of the assessee, emphasizing that the land was agricultural and not a capital asset, hence exempt from tax under section 2(14)(iii) of the Act. The CIT(A) referred to various pieces of evidence supporting the agricultural nature of the land, including Form No.SA, purchase deed, possession given as agricultural land, and certificates from Panchayat. The CIT(A) also cited a jurisdictional ITAT decision to support the exemption of rural agricultural land beyond municipal limits from capital gains tax. The CIT(A) concluded that the sales consideration received on the rural agricultural land was exempt as it did not qualify as a capital asset, and hence, the chargeability under section 45 would fail. The appeal of the revenue was dismissed on these grounds. Issue 2: Adjudication on whether the sold land was non-agricultural land: During the appellate proceedings, it was noted that the assessing officer had mentioned that the assessee sold non-agricultural land based on AIR information. However, the CIT(A) determined that the land sold was agricultural and not a capital asset. The Revenue contended that the CIT(A) did not address the issue of whether the land was converted from agricultural to non-agricultural. As a result, the Tribunal decided to remand this specific issue back to the CIT(A) for further examination to ascertain the veracity of the claim that the sold land was non-agricultural. Consequently, the appeal of the revenue was allowed for statistical purposes. The cross objection filed by the assessee became infructuous due to the remand, and hence was dismissed. In conclusion, the judgment primarily revolved around the treatment of the land as exempt under section 2(14) of the Income Tax Act, with the CIT(A) ruling in favor of the assessee based on the agricultural nature of the land. The decision to remand the issue of the land's classification as non-agricultural back to the CIT(A) added a layer of complexity to the case, leading to the allowance of the revenue's appeal for statistical purposes.
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