Section 54B of the Income Tax Act
The decision most relied on for Section 54B is Smt. Sarifabibi Mohmed Ibrahim v. CIT (204 ITR 631), cited in 191 of the 168 judgments on BharatTax that turn on this section.
Leading authorities on Section 54B
The determinative test for whether land is agricultural land or a capital asset is its actual user for agricultural purposes, not merely ownership. An explicit intention to stop cultivation or convert the land to non-agricultural use can cause it to lose its agricultural character, making its sale proceeds chargeable to capital gains tax.
For claiming capital gains exemption under beneficial provisions like section 54, the 'date of transfer' can be the date of the agreement to sell, particularly when coupled with substantial advance consideration or an enforceable right, adopting a purposive and liberal interpretation to acknowledge the assessee's intent.
The character of land as agricultural land or a capital asset is a question of fact determined by the cumulative effect of all circumstances. Classification in revenue records alone is not conclusive evidence of agricultural use; actual agricultural operations must be proven.
The determination of whether a transaction involving the sale and purchase of shares (or other assets) constitutes a trading transaction (business income) or an investment (capital gains) is a mixed question of law and fact. Courts must consider cumulative factors, including the assessee's habitual dealing and the intention at the time of the initial acquisition, rather than applying abstract tests.
Assessees are entitled to capital gains exemption under Section 54 or 54F if sale proceeds are invested in a residential house. This benefit applies even if the construction or purchase transaction is not fully completed.
Assessment orders passed by an Assessing Officer are liable to be set aside if they disregard binding instructions or circulars issued by the Central Board of Direct Taxes (CBDT), especially concerning the selection of returns for scrutiny. The CBDT circulars are binding on all officers of the Income-tax department.
The established principle of interpreting tax laws in favour of the assessee does not apply to deductions, exemptions, and exceptions, which are only allowed when plainly authorised by law.
An assessment order is considered erroneous and prejudicial to the interest of the revenue if it is passed without applying the Assessing Officer's mind to the relevant material or without conducting proper inquiries.
Deduction under Section 54B for capital gains on sale of agricultural land cannot be allowed if the new property is purchased exclusively in the name of the assessee's wife.
Action under section 263 is valid where the assessment order is passed without application of mind and without conducting proper inquiry, making the order erroneous and prejudicial to the revenue.
Judgments on Section 54B
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