High Court Kerala High Court

The Commissioner Of Income Tax vs The Penisular Plantations Tvm on 28 February, 2008

Kerala High Court
The Commissioner Of Income Tax vs The Penisular Plantations Tvm on 28 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITR.No. 11 of 2002()



1. THE COMMISSIONER OF INCOME TAX,TVM.
                      ...  Petitioner

                        Vs

1. THE PENISULAR PLANTATIONS  TVM
                       ...       Respondent

                For Petitioner  :SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT

                For Respondent  :SRI.JOSEPH MARKOSE

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :28/02/2008

 O R D E R
   C.N.RAMACHANDRAN NAIR, T.R.RAMACHANDRAN NAIR, JJ.

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                         I.T.R No.11 of 2002
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               Dated this the 28th day of February, 2008

                           J U D G M E N T

The question raised in the appeal filed by Revenue is whether

the tribunal was justified in granting exemption on Rs.5,00,000/-

assessed in the hands of the respondent assessee as short term

capital gains. The assessee entered into an agreement with another

company for purchase of a tea cum rubber estate. The possession of

the estate was given to the assessee by the seller because on the

date of agreement, assessee paid substantial amount of the

purchase price. Even though assessee took over possession and

enjoyed property for sometime, sale could not take place on account

of litigation by shareholders of the seller company. However, later,

in terms of the right to nominate a person for sale of the estate

contained in the sale agreement, assessee nominated another

company by name Travancore Rubber & Tea Company Limited for

sale of the estate by the seller company. Under agreement between

assessee and the ultimate purchaser, the assessee was reimbursed

the entire advance for purchase of the estate, cost of running the

estate during the period the estate was in possession of the

I.T.R.No. 11 of 2002
-: 2 :-

assessee, and besides this an amount of Rs.5,00,000/- for

consideration for transferring the right to purchase the estate. It is

this Rs.5,00,000/- that is assessed in the hands of the assessee as

short term capital gains. Even though first appeal was dismissed,

the tribunal allowed the claim of exemption on the ground that, in

effect, the amount received represents consideration pertaining to

sale of agricultural land which is exempted from tax. Admittedly,

the assessee was a plantation company, engaged in agricultural

operation, and the property agreed to be purchased was also

plantation, which is agricultural land. The nomination for sale of the

estate by another company was made after the assessee enjoyed

possession of the estate and carried on agricultural operation for

some period. Even though the senior counsel for the Revenue relied

on the decision of the Supreme court reported in Keshav Mills Ltd.

v.Commissioner of Income-Tax, Bombay [(1953) XXIII ITR

230 (SC)] and Commissioner of Income-Tax v. United

Provinces Electric Supply Company [(2000) 244 ITR 764],

having regard to the finding above that the consideration is for

transfer of right in agricultural land, we feel the Tribunal rightly

held that the sum of Rs.5,00,000/- cannot be brought to tax as short

I.T.R.No. 11 of 2002
-: 3 :-

term capital gains. We, therefore, dispose of the reference by

answering the question referred in favour of the assessee and

against the Commissioner of Income Tax. The Tribunal shall pass

consequential orders. The Registry is directed to forward a copy of

this judgment to the tribunal for compliance.

C.N.RAMACHANDRAN NAIR,
Judge

T.R.RAMACHANDRAN NAIR,
Judge
ms