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TMI Blog2013 (12) TMI 1102X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the relevant facts in this regard are that the assessee owns lands claimed to be agricultural land situated at Navagam, Taluka Lalpur, Dist. Jamnagar (Gujarat). The said lands were acquired by Reliance Projects Engineering Association Ltd. through the State Government of Gujarat and the assessee received compensation of Rs. 63,12,263. The assessee claimed the same as the agricultural income considering its agricultural nature. During the assessment proceedings, the assessee filed part purchase agreements of the property in support of the land acquisition by the State Government. However, as per the Assessing Officer, the assessee failed to provide proof relating to the agricultural nature of the land and also did not furnish evidence in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the proceedings before us, the learned Departmental representative relied on the order of the Assessing Officer and mentioned that the assessee failed to discharge onus relating to the agricultural nature of the land as per the definition of capital asset provided in section 2(14) of the Act. However, in connection with ground No. 2, he could not identify any additional evidences which are admitted at the back of the Assessing Officer while adjudicating the issue. 5. On the other hand, Shri Ashwin S. Chhag, learned counsel for the assessee mentioned that the said land is agricultural in nature as per the records of the Revenue Department. In this regard, he filed a copy of the Consented Award for Land Acquisition Act under section 11(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State Government of Gujarat for the purpose of establishing a Petroleum and Petrochemical Product Oriented Special Economic Zone (SEZ) in Jamnagar District. Learned counsel brought to our attention relevant Survey Nos. owned by Shri Amrutilal B. Shah i.e. S. Nos. 51 to 55, 57, 63, etc. He also brought to our notice an English translation copy signed by Talati-Cum-Mantri, Navagam stating that the Survey Nos. are pertaining to agricultural lands located at Navagam Gram Panchayat and owned by Shri Amrutilal B. Shah. Further, learned counsel also filed a copy of judgment of the hon'ble Karnataka High Court in the case of CIT v. Madhukumar N. (HUF) and stating that in this case, though the agricultural land was located within the city limits of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vernment in this regard calling the same being a capital asset. Under these circumstances, the land in question is rightly held by the assessee as agricultural land. It is borne out from the records of the Revenue Department that the lands in question are described by the District Collector, Jamnagar as agricultural lands as evident from the extraction given above. As such, there is no incriminating material in the possession of the Assessing Officer to hold that the land in question is capital asset within the meaning of section 2(14) of the Act. Regarding the onus related issues, we find that the same keep changing depending on the information furnished by the assessee and also gathered by the Revenue from time to time. Considering the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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