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Income Tax

Sale of Land Not Exempt as Agricultural Land Without Proof of Farming Activity

Case Law Details

TaxGuru Citation
2025 taxguru.in 10650
Case Name
George Stanley Vs DCIT (Kerala High Court)
Date of Judgement/Order
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George Stanley Vs DCIT (Kerala High Court)

No Evidence of Cultivation, No 10(37) – Benefit Mere Trees Don’t Make Land Agricultural – Kerala HC Orders AO to Examine 54F Claim- Rubber Trees Not Enough – Kerala HC Says Agricultural Use Must Be Proved, Directs AO to Reconsider 54F Claim

Assessee, a non-resident, sold 94 cents of land with a residential building in Pathanamthitta for ₹6.20 crore, claiming the property was agricultural land & hence not liable to capital gains tax. AO rejected the claim, holding that the property was not agricultural in nature & assessed long-term capital gains accordingly. Both CIT(A) & ITAT (Cochin Bench) upheld the addition.

Aggrieved, Assessee approached the High Court contending that the land was planted with rubber, coconut, mango, & jackfruit trees, as certified by the Village Officer, & hence qualified as agricultural land u/s 10(37).

The Court noted that Assessee relied only on a Village Officer’s certificate & photographs showing the presence of trees but produced no evidence of actual agricultural activity or agricultural income in the preceding two years — a mandatory condition u/s 10(37).

It was further observed that the buyer himself had confirmed before AO that the land was non-agricultural & used for commercial purposes. The sale deed also contained no endorsement from the Sub-Registrar indicating agricultural use, & Assessee had failed to disclose the sale in his return of income.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,411

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