Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Land located beyond municipal limits (2.75 km per map and Patwari certificate) qualifies as agricultural land under the statutory definition and is therefore not a capital asset; the appellate finding on this classification is accepted. The assessing officer failed to disclose materials underpinning reassessment, denied the assessee opportunity to rebut or examine that material, and rejected the assessee's evidence, amounting to breach of the audi alteram partem principle. Because the land is agricultural, the alleged receipt of additional cash is immaterial. Reassessment additions are set aside and the AO is directed to delete the additions and give effect to this order.
Land located beyond municipal limits (2.75 km per map and Patwari certificate) qualifies as agricultural land under the statutory definition and is therefore not a capital asset; the appellate finding on this classification is accepted. The assessing officer failed to disclose materials underpinning reassessment, denied the assessee opportunity to rebut or examine that material, and rejected the assessee's evidence, amounting to breach of the audi alteram partem principle. Because the land is agricultural, the alleged receipt of additional cash is immaterial. Reassessment additions are set aside and the AO is directed to delete the additions and give effect to this order.
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