COMMISSIONER OF INCOME TAX Vs. SURJAN SINGH

JUDGEMENT

(1.) In these ten references, at the instance of the Revenue, the Income-tax Appellate Tribunal, New Delhi (for short the Tribunal) has referred under section 256(1) of the Income-tax Act, 1961 (for short the Act) the following question for our opinion: "Whether on the facts and in the circumstances of the case, capital gains arising oh transfer of agricultural lands in village Nangal Dewat, Delhi is chargeable to tax? <PARA> Since in all the references an identical question has been referred, these are being disposed of by this common order.

(3.) As the format of the question itself suggests, the issue arising for consideration is whether the agricultural land in village Nangal Dewat constitutes a capital asset within the meaning of section 2(14)(iii)(a) of the Act and exigible to capital gain taxed on its transfer.

(4.) The question posed being purely legal, it is unnecessary to state the facts of each of the cases, except to note that all the references pertain to the assessment year 1974-75.