Chandravati Atmaram Patel vs Commissioner Of Income-Tax, ... on 15 September, 1977
In Himatlal Govindji's case [1977] 106 ITR 658 (Guj), though the land was being put to agricultural use, since it was found that it was only by way of a stop-gap arrangement till a purchaser of the plot which was already laid out came forward to purchase, it, it was held that the land was not agricultural land. In each case, therefore, in the light of the facts and circumstances of the particular case, the question will have to be asked, whether the presumption from the use of the land arises or not and, secondly whether such presumption flowing from the actual use of the land is dislodged by the presence of other factors in the case."