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    <title>2023 (1) TMI 968 - ITAT JABALPUR</title>
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    <description>Section 54B relief turned on whether the land was used for agricultural purposes in the two years before transfer. On the totality of circumstances, the Tribunal found the contemporaneous sale deed and revenue record described the land as unirrigated and padti, no credible contemporaneous evidence of cultivation was produced, and later patwari or SDM material did not override the earlier record. The exemption was therefore denied and the capital gains addition sustained. On the returned agricultural income, the matter was not properly reconciled with the remaining land holdings and possible alternative treatment, so it was remitted to the Assessing Officer for fresh adjudication after hearing the assessee.</description>
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    <pubDate>Wed, 11 Jan 2023 00:00:00 +0530</pubDate>
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      <title>2023 (1) TMI 968 - ITAT JABALPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=433221</link>
      <description>Section 54B relief turned on whether the land was used for agricultural purposes in the two years before transfer. On the totality of circumstances, the Tribunal found the contemporaneous sale deed and revenue record described the land as unirrigated and padti, no credible contemporaneous evidence of cultivation was produced, and later patwari or SDM material did not override the earlier record. The exemption was therefore denied and the capital gains addition sustained. On the returned agricultural income, the matter was not properly reconciled with the remaining land holdings and possible alternative treatment, so it was remitted to the Assessing Officer for fresh adjudication after hearing the assessee.</description>
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