2017 (11) TMI 1664

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....the Revenue and Mr.R.Sivaraman, Adv, represented on behalf of the assessee. 3. In the assessee's appeal, the assessee has raised the following grounds: 1. The Order of the Commissioner of Income Tax (Appeals)-15 ('CIT(A)') dated 29.08.2017 for the Assessment year 2007-08 is contrary to the facts and circumstances of the case and is opposed to the principles of equity, natural justice and fair play. 2. The Learned CIT(A) failed to appreciate that the present re-assessment order u/s.143(3) r.w.s 147 of the Income Tax Act, 1961 ('Act') passed by the Respondent is clearly exceeding jurisdiction and without any merit. 3. The Learned CIT(A) failed to appreciate that the re-assessment proceedings have been initiated b....

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....s were continuously carried out by the Appellant for several years as well as the details of the agricultural land including Patta, Chitta and Adangal were duly produced before the Revenue authorities. 9. The Learned CIT(A) has failed to consider the alternate ground raised by the Appellant with regard to Section 54F of the Act and passed his order dated 29.08.2017 without considering the same. On the strength of the abovementioned grounds and such other grounds that may be submitted before or at the time of hearing of the Appeal, the Hon'ble ITAT may be pleased to set aside the order of the CIT-(A) dated 29.08.2017 and thus render justice. 4. IT was submitted by the Ld.AR that the assessee is an individual who is doing....

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.... on 30.03.2015 denying the assessee the benefit of agricultural income in respect of the agricultural land sold. It was a submission that after the sale of the said agricultural land, the assessee had invested the sale consideration in another agricultural land and also purchased a residential house in the name of the assessee's wife. It was a submission that the agricultural land sold was to the extent of 7.00 acres in Pudupakkam Village. It was a further submission that in the course of the original assessment dated 29.12.2009, the AO had also deputed his Inspector to verify the details of the agricultural income claimed before accepting the return filed. It was a submission that the assessee may be granted the benefit of the claim of agr....

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....the control of the assessee. The fact that such Report was available in the assessment records and the same has also been referred to in the scrutiny assessment proceedings completed on 29.12.2009 clearly shows that agricultural operations were also carried on the said land and is a valid document. Further, the assessee's case as to whether the running of Nursery was agricultural or not had been considered by the Hon'ble Jurisdictional High Court of Madras and running of the Nursery has been held to be agricultural operation. A perusal of the Assessment Order also shows that the AO has recognized that the assessee was running a Nursery under the name and style of Soundariya Nursery. A perusal of the provisions of Sec.2(1A) as also Sec.2(14)....