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2022 (9) TMI 147 - AT - Income TaxLTCG on transfer of land - Nature of land - capital asset u/s 2(14) or agricultural land - as per AO assessee held the land for less than a year, this land was received as a gift from his brother and there was no intention of doing any agricultural activity and land was to be held as a capital asset on which assessee was liable to pay capital gain - CIT(A) observed that the land in question was agricultural land in the light of the notification of the CBDT dt. 06/01/1994 as well as the Himachal Pradesh Tenancy and Land Reforms Act, 1972, the aerial distance from municipal limits was not applicable to the state of Himachal Pradesh for the relevant A.Y. 2013-14 and the assessee had Pine and Deodar trees also on the above land - HELD THAT:- It is not in dispute that the agricultural land has not been defined in the Act, however the Agriculture land is not an asset for the purposes of levying the capital gain. As per the notification of Himachal Pradesh Tenancy and Land Reforms Act, 1972. The Ghasni land is an agricultural land which is outside the purview of capital asset under section 2(14)(b) as it was situated in the State of Himachal Pradesh. Also noticed that the land situated in the Himachal Pradesh had not been notified up to the A.Y. 2013-14 in the Official Gazette. Moreover brother of the assessee Shri Vijay Garg had grown Pine and Deodar trees on the land in question which was Ghasni Land and used for grazing of animal, the said activity had been held as pasture of land and was an agricultural activity as defined by the Himachal Pradesh Tenancy and Land Reforms Act, 1972. In the present case the department alleged that the assessee obtained “change in land use” certificate, however, the document placed at page no. 24 of the assessee’s compilation, clearly revealed that M/s Gable Promoters Pvt. Ltd. applied for change of land use and not the assessee. No valid ground to interfere with the detailed findings given by the Ld. CIT(A) in the impugned order on this issue and accordingly do not see any merit in this appeal of the Department.
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