Anil Kumar Nuwal v. ACIT (2020) 184 ITD 760/196 DTR 113/208 TTJ 637 (Jodhpur)(Trib.)

S. 54B : Capital gains-Land used for agricultural purposes-Purchase of new agricultural land prior to due date of filing return-Entitle to exemption. [S. 45, 139(1)]

Assessee’s claim under section 54B was disallowed only on ground that assessee had failed to prove that agriculture activities were carried on land in two immediately preceding years. Assessee submitted that he had cultivated agriculture crops on land sold but incurred loss after meeting of all expenditure and loss was debited directly to capital account and, therefore, agricultural income was not shown in return of income for previous two assessment years. Assessee furnished copy of agricultural income certificate issued by Department of Revenue which evidenced that only agricultural income was derived from land sold. Tribunal held that in absence of any challenge, presumption of correctness was attached with agriculture income certificate issued to assessee by Revenue Department of State  and since assessee had purchased new agricultural land much prior to due date of filing return under section 139, the assessee is entitle to exemption. (AY. 2016-17)