Bhagvat Singh. v. ITO (2023) 199 ITD 108 (Delhi) (Trib.)

S. 45 : Capital gains-Agreement to sale of agricultural land-Capital asset-Subsequently the land use was changed as non agricultural land-Possession was given when the sale deed is executed-Relevant date is execution of sale deed-Liable to capital gains.[S. 2(14), 2(47) 47, 50C]

Assessee entered into an agreement to sale with a party for sale of his agricultural land on 2-7-2008.  Thereafter land use was changed on 10-7-2008 and land was declared to be a non agricultural land. Subsequently sale deed was executed on 18-9-2008. Possession of land was given when sale deed was executed. Assessing Officer held that land sold by assessee was in nature of an industrial plot and sale consideration was chargeable to tax under head capital gains.  Tribunal held that for purpose of determining nature of capital assets and consequent calculation of capital gains relevant date would be when right, title or interest got extinguished in vendor and in substance same vested in vendee. On facts   as per section 2(47)(i), relevant date is execution of sale deed and as on date of execution of sale deed land was not of nature of agricultural land and stood converted as industrial plot, benefit of section 2(14) could not have been extended. Appeal of assessee is dismissed. (AY. 2009-10)