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    <title>2016 (11) TMI 1063 - ITAT MUMBAI</title>
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    <description>Conflicting findings on the basic character of the land and the nature of the transaction meant the taxability of the land sale could not be finally determined on the existing record. Additional evidence on agricultural character had been filed, and the development agreement and advance received under it had not been properly examined. A fresh factual inquiry was therefore required to determine the nature of the land at the time of sale and the effect of the development arrangement. The matter was remanded to the Assessing Officer for de novo consideration after examining the additional evidence and the development agreement.</description>
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      <description>Conflicting findings on the basic character of the land and the nature of the transaction meant the taxability of the land sale could not be finally determined on the existing record. Additional evidence on agricultural character had been filed, and the development agreement and advance received under it had not been properly examined. A fresh factual inquiry was therefore required to determine the nature of the land at the time of sale and the effect of the development arrangement. The matter was remanded to the Assessing Officer for de novo consideration after examining the additional evidence and the development agreement.</description>
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