2021 (3) TMI 1244 - AT - Income Tax

Long term capital gain - Nature of land sold - profit derived from sale of agricultural land is taxable or not? - HELD THAT - Whether profit derived from sale of agricultural land is taxable or not is essential question of fact which needs to be ascertained on the basis of evidences filed by the assessee to prove that land was an agricultural land and the same was used for agricultural purpose - finding of fact recorded by the authorities below indicate that the assessee has not filed any evidence to prove that land was used for agricultural purpose but contention of the assessee is that the land in question was agricultural land and it was used for agricultural purpose. The assessee further claimed that if opportunity is given he is ready to produce necessary evidence to prove his claim. Therefore considering the arguments of both sides we are of the considered view that the issue needs to be set aside to the file of the AO to ascertain the fact with regard to nature of the land when it was sold to decide the taxability of profit derived from sale of land. Appeal is set aside to the file of the AO and we direct him to verify the issue in light of evidences filed by the assessee to prove that land in question is agricultural land and the same is used for agricultural purpose - Appeal filed by the assessee is allowed for statistical purpose.

Summary

Issues involved:
1. Taxability of profit from the sale of agricultural land under LTCG.
2. Consideration of evidence to prove agricultural use of the land.
3. Setting aside the appeal to verify the nature of the land.

Analysis:

Issue 1: Taxability of profit from the sale of agricultural land under LTCG
The appellant contested the addition made by the AO under LTCG for the sale of agricultural land exempted under the Income Tax Act. The AO observed that the assessee failed to prove that the lands sold were agricultural lands and thus brought the entire profit on the sale of lands under the head of LTCG. The CIT(A) affirmed this decision, stating that no evidence was presented to establish that the land in question was used for agricultural purposes. The Tribunal acknowledged that the essential question of fact was whether the profit derived from the sale of agricultural land was taxable. While the authorities found no evidence proving agricultural use, the appellant argued that the land was indeed agricultural and ready to provide necessary evidence. Consequently, the Tribunal set aside the appeal to the AO to verify the nature of the land and decide on the taxability of the profit from the sale of land.

Issue 2: Consideration of evidence to prove agricultural use of the land
The appellant submitted documentary evidence such as chitta and adangal to support the claim that the profit from the sale of agricultural land was exempt from taxation. However, the AO and CIT(A) found these submissions insufficient to establish that the land was used for agricultural purposes. The Tribunal emphasized the importance of evidence to determine the taxability of the profit derived from the sale of land and directed the AO to verify the issue based on the evidence provided by the assessee.

Issue 3: Setting aside the appeal to verify the nature of the land
During the appeal, the appellant requested the Tribunal to set aside the matter to the AO for further verification of whether the land in question was used for agricultural purposes. The Tribunal considered the arguments of both parties and decided to grant the appellant's request, directing the AO to investigate the nature of the land at the time of sale to make a determination on the taxability of the profit. As a result, the appeal was allowed for statistical purposes, and the matter was sent back to the AO for reevaluation.

This detailed analysis covers the issues of taxability of profit from the sale of agricultural land, consideration of evidence to prove agricultural use, and the decision to set aside the appeal for further verification.