2012 (8) TMI 178

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....filed return of income for the assessment year 2008-09 on 31.03.2010. The same was taken up for scrutiny under section 143(3). The assessee and his co-owners sold 1.81 acre of land in the relevant previous year. The assessee was having 1/3rd share in the land. From his share of sale consideration, the assessee purchased another piece of agricultural land and claimed exemption under section 54B of the Income Tax Act, 1961 (hereinafter referred to as "the Act") to the extent of investment made. The Assessing Officer disallowed the entire claim of the assessee under section 54B and computed capital gains. 3. Aggrieved by the assessment order, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) impugning the addition....

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....4B cannot be entertained and the disallowance made by the Assessing Officer is confirmed. 4. Aggrieved by the order of the learned Commissioner of Income Tax (Appeals), now the assessee has come in appeal before us. 5. The learned counsel for the assessee submitted that the assessee is an agriculturist and the land is an agricultural land. The CIT(A) and the Assessing Officer failed to take this fact into consideration and disallowed exemption under section 54B of the Act. The Assessing Officer erred in holding that the land is not agricultural land. 6. On the other hand, the learned D.R. contended that the assessee miserably failed to show that the land in question is agricultural land and he was conducting agricultural operations....

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....ars immediately preceding the date on which the transfer took place, was being used by the assessee or a parent of his for agricultural purposes and the assessee has within a period of two years after that date, purchased any other land for being used for agricultural purposes then, instead of the capital gain being charged to income tax as income of the previous year in which the transfer took place, it shall be dealt with in accordance with the following provisions of this section. " 9. As per the above provisions of sub-section (1) of section 54B, it is essential that for claiming the benefit of exemption both the following conditions should be satisfied:- (i)  That the capital asset sold should have been used either by the as....