2005 (2) TMI 837 - HC - Income Tax

Summary

Issues involved:
The issue involves the interpretation of the Income-tax Act, 1961 regarding the eligibility of capital gains tax on the sale of agricultural land situated beyond municipal limits.

Summary:
The case pertains to the assessment year 1983-84 where the respondents, who were individuals, sold a portion of inherited agricultural land to multiple buyers. The land was situated in Village Pinjora Baroon, beyond 8 km of municipal limits, and was divided into plots for sale. The assessing authority initially imposed capital gains tax, claiming the land had been converted to non-agricultural use. However, the Appellate Assistant Commissioner accepted the respondents' argument that the land was agricultural and beyond municipal limits, hence not subject to capital gains tax.

Upon appeal by the Revenue, the Tribunal upheld the Appellate Assistant Commissioner's decision, stating that the land was indeed agricultural and located beyond municipal limits, thus not meeting the criteria for capital gains tax as per section 2(14)(iii) of the Income-tax Act, 1961. The High Court concurred with the Tribunal's findings, ruling in favor of the assessee and against the Revenue, with no costs awarded.