2008 (1) TMI 993 - HC - Income Tax

Summary

Issues involved:
The issue involves determining whether profits derived from lands owned by the assessee, converted into small plots and sold to third parties for residential houses, should be treated as an adventure in the nature of trade or as capital gains for assessment under the Income Tax Act, 1961.

Judgment Details:

Issue 1: Classification of Profits from Land Sales

The respondent-assessee, an agriculturist, purchased land over several years and cultivated it for about two decades. Subsequently, he sold a significant portion of the land while retaining some. The sales were treated as an adventure in the nature of trade by the Assessing Officer, resulting in an addition to his income. The Commissioner Income Tax (Appeals) upheld this decision, leading to an appeal before the Income Tax Appellate Tribunal, Bangalore Bench. The Tribunal allowed the appeal, prompting the Revenue to file the current appeal under Section 260-A of the Act. The court noted that a similar question of law had been decided in favor of the assessee in a previous case, Hotel Sreeraj, and found the facts of the present case to be identical. Consequently, the court concluded that there was no merit or substance in the current appeal, leading to its dismissal.

Issue 2: Application of Precedent

The appellant's counsel cited a judgment of the Supreme Court in the case of Raja J. Rameshwar Rao Vs. Commissioner Of Income Tax, Hyderabad. However, upon examination, the court determined that the facts of the cited case were distinct from those of the present case. As a result, the court found no relevance of the precedent to the current matter and dismissed the appeal accordingly.

In conclusion, the High Court of Karnataka upheld the decision of the Income Tax Appellate Tribunal, ruling in favor of the assessee and dismissing the Revenue's appeal.