2017 (10) TMI 1214 - HC - Income Tax

Court denies tax exemption for land transfer due to lack of evidence of agricultural use.

Ajesh Kumar Agrawal Versus Commissioner of Income Tax, Circle-1, Jaipur

The High Court upheld the Tribunal's decision, denying the appellant the benefit of exemption under Section 10(37) of the Income Tax Act for agricultural ... Entitlement to exemption u/s 10(37) - non furnishing information in respect of growing of Crop on the agricultural land during the year 2007-08 - Held that:- Since the finding of fact has been given by all the authorities that the appellant was not carrying on any agricultural activity in the plot in question in preceding two years prior to 07.10.2008, the appellant would not be entitled to the benefit of Section 10(37) of the Act. - Decided against the assessee and in favour of the department. Issues:Challenge to Tribunal's judgment on exemption u/s 10(37) of the Income Tax Act for agricultural land transfer compensation.Analysis:1. The appellant challenged the Tribunal's decision partially allowing the department's appeal and dismissing the assessee's C.O. The court framed questions of law regarding the justification of the ITAT's reversal of the CIT(A)'s findings on granting exemption u/s 10(37) for agricultural land transfer compensation. The appellant's counsel argued that the condition regarding agricultural use in the two years preceding the transfer was not met.2. The appellant's counsel referred to Section 10(37)(ii) of the Income Tax Act, emphasizing the requirement for the land to be used for agricultural purposes in the two years preceding the transfer. The counsel contended that the land was acquired in 2008, and the Tribunal erred in not considering the agricultural activities in the financial year 2005-06, crucial for determining agricultural use.3. The respondent's counsel relied on the Tribunal's decision, highlighting the necessity for the land to be in agricultural operation in the two years before transfer to claim the exemption under Section 10(37). The Tribunal found discrepancies in the evidence presented by the assessee, including the lack of proof of agricultural activities and irrigation facilities, leading to the reversal of the CIT(A)'s decision partially allowing the appeal.4. The respondent's counsel cited a Karnataka High Court case emphasizing the importance of consistent evidence of agricultural use for claiming the Section 10(37) benefit. The High Court agreed with the Tribunal's findings, stating that the appellant failed to provide accounts of agricultural expenses and revenue from produce sales, crucial for establishing agricultural activity on the land. The court upheld the decisions of the lower authorities, denying the appellant the benefit of Section 10(37).5. After considering the arguments and observations made by the Tribunal, the High Court agreed with the Tribunal's view. The issues were decided against the assessee, leading to the dismissal of the appeal in favor of the department.