Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2012 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (12) TMI 900 - ITAT INDORECapital gain - Nature of land - Sale of agricultural land – Exemption u/s 54B - Whether self-cultivated land will only be treated as agricultural land – Agricultural operation was carried out by brother of assessee on the said land – Held that:- There is no requirement in any Act more especially the I.T. Act that only the self-cultivated land will be treated as agricultural land. The Tehsildar is the concerned revenue Officer who on the basis information/report of revenue Patwari issues a certificate. Since the brother of the assessee was doing agricultural operation, therefore, any income derived out of it will be treated as agricultural income. Even if less income has been shown, the assessee cannot be denied the character of agricultural income. Whether Tehsildar is a competent authority to issue a certificate regarding distance of land from the municipal limit – Land sold was beyond 8 kms from the municipal limit – Held that:- Following the decision in case of Shri Lal Singh (2009 (11) TMI 63 - PUNJAB AND HARYANA HIGH COURT) that Tehsildar is the most competent revenue Officer to certify the proof of agricultural operation, distance of land from a particular place, rate of land, etc. Land was sold to developer – Held that:- Just because after the sale, the purchaser was going to put the land to non-agricultural use, it does not mean that on the date of sale the land has ceased to be agricultural land. If in the revenue record, the particular land is recorded as agricultural land and till the date of sale, it is exploited as agricultural land and the owner of the land has not taken any step to indicate his intention to exploit the land for non-agricultural purposes then such land to be regarded as agricultural land Therefore said land was agricultural land. In favour of assessee
|