2018 (9) TMI 1535

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....nue : Shri Amit Jain, Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] - Dehradun dated 06.01.2015 pertaining to A.Y 2011-12. 2. The solitary grievance of the Revenue is that the CIT(A) erred in treating the land in question as agricultural land without appreciating the fact that the....

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....nt in agricultural land in F.Y. 2010-11. After perusing the details furnished by the assessee and after calling for information from Municipal Corporation, Dehradun, the AO came to the conclusion that profit on sale of agricultural land has to be treated as business income. The assessee strongly objected to this proposition of the AO claiming that the impugned land was agricultural land and was sh....

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....r explained that the land was classified as agricultural land in the land records and the land revenue was accordingly paid. 6. After considering the facts and submissions, the CIT(A) was of the opinion that even if the land is located within 8 kms of Dehradun Municipal limits, this would not change the basic character of the land. Since the land continued to remain agricultural land on which t....

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....h certifies that the distance from the end of the municipal limit to the impugned land is around 8.85 km - 9.5 km. We are of the opinion that this needs further verification by the AO. In the interest of justice and fair play, we set aside the matter to the file of the AO. The AO is directed to examine the documents furnished by the assessee. The AO is further directed to verify the distance of th....