9911796707
TMI Blog1988 (11) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... x Act, 1961 ?" The reference relates to the assessment years 1967-68 to 1969-70, the relevant previous years having ended on September 30, 1966, 1967 and 1968, respectively. The assessee purchased the land in question, at Chembur, in July 1951. It was acquired by the Government during the course of the three previous years. The Income-tax Officer, assessed long-term capital gains in the sums of Rs. 2,18,933, Rs. 4,218 and Rs. 34,428, respectively for the three years. He rejected the contention of the assessee that the said land was agricultural land and that any gain made thereon would not, therefore, attract the provisions relating to capital gains tax in the Incometax Act. The assessee's appeal before the Appellate Assistant Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oint of time even in the past, apart from the sale of some mangoes and grass, it could not be held that the lands could be treated as agricultural lands." The Tribunal, therefore, sustained the finding of the Appellate Assistant Commissioner that the said land was not agricultural land. Mr. Sonde, learned counsel for the assessee, attacked the Tribunal's observation which has been quoted above. In his submission, it was vitiated because it ignored the extracts from the record of rights which showed that paddy had been grown on the said land in 1941-42 and 1942-43 and grass thereafter and because it ignored the Tahsildar's certificate which indicated that the said land was agricultural land till the year 1966. Mr. Sonde drew our attention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal's judgment which has been quoted above does not indicate that the Tribunal ignored the extracts from the record of rights or the Tahsildar's certificate. The Tribunal's order shows that these were taken into consideration. The sentence quoted indicates only that the Tribunal found the evidence insufficient to establish that the land was agricultural land. This is a reasonable conclusion for paddy had been grown on the land as far back as 1941-42 and 1942-43 and the Tahsildar's certificate related to a mass of land which was assessed to land revenue as agricultural land.
In the result, the question is answered in the affirmative and in favour of the Revenue.
The assessee shall pay to the Revenue the costs of the reference. X X X X Extracts X X X X X X X X Extracts X X X X
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