narendra khandelwal (service) (204 Points)
15 September 2008a company ownes an agriculture land in rural area.on all legal papers it shows that the said land is an agriculture land but actually there is no agriculture activty carried by that company.
this land was sold to a construction company.
wll profit be exempted?
S.Srinivasaraghavan
(Chief Financial Officer and Co)
(11318 Points)
Replied 17 September 2008
No. Because,the actual user to which the land is being put should furnish prima facie evidence of the true nature or character of the land and, therefore, whenever a question arises whether a particular land is agricultural land or not, primarily regard must be had to the purpose for which the land is being actually used at or about the relevant time and that would ordinarily provide a satisfactory answer to the problem - Rasiklal Chimanlal Nagri v. CWT [1965] 56 ITR 608 (Guj.).
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