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TMI Blog2019 (1) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... wners, had been taxed under the head 'capital gain tax' for sale of the land. The Tribunal also relied on the fact that the land is shown as an agricultural land in the Revenue record. The Tribunal, therefore, held that the land was agricultural land. We find that the Tribunal came to the conclusion that the land in question was agricultural land. Importantly, it was shown as agricultural land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal ). Following questions have been presented for our consideration: (a) Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in holding that the land was agricultural land without appreciating the fact that the assessee had not proved that the land had been used for agricultural purposes as the only growth was grass and bushes of spontaneous grow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... she filed a revised return of income, offering receipt arising out of sale of land as capital gain tax. However, subsequently, she argued that the land being in the nature of agricultural land, would not invite capital gain tax. 3 The Commissioner of Income Tax (Appeals) [in short CIT(A) ] accepted the contention of the Assessee. He called for remand report on the submission of the Assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Assessee was one of three co-owners of the property. Nothing was brought on record to suggest that any one of the other co-owners, had been taxed under the head 'capital gain tax' for sale of the land. The Tribunal also relied on the fact that the land is shown as an agricultural land in the Revenue record. The Tribunal, therefore, held that the land was agricultural land. 5. H ..... X X X X Extracts X X X X X X X X Extracts X X X X
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