2012 (2) TMI 668

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of ₹ 66,00,015/- as agricultural receipts whereas the AO treated them as merely book entries. 3. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law and on facts in not appreciating the finding of the AO that as per the lat agreement produced by the assessee he is not in possession of the agricultural land. 4. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law and on facts in deleting the addition of ₹ 1,15,06,543/- on account of LTCG claimed exempt u/s 54B of the I.T. act. 5. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law and on facts in not ap....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Samak Nature & Spa amounting to ₹ 65,00,015/- is being treated as income from other sources and not as agricultural income as claimed by the assessee hence the difference of the agricultural income declared and the disallowance comes to ₹ 8,90,541/- will be taxed as agricultural income for rate purposes." 2.1. In respect of sale of agricultural land claiming exemption of long term capital gains, AO refused the assessee's claim about exemption on sale of land in Ghaziabad by following observations: "The land of the assessee is within 6 KM with the municipal limit. Moreover the population of the Ghaziabad is more than ten thousand. Hence the plea of the assessee is not tenable that his land is Agricultural land. Moreover the u....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pliance for which it was responsible." 2.3. CIT(A) admitted the same and called for AO's remand report. In view of facts and circumstances assessee's appeal was allowed. Aggrieved, revenue is before us. 3. Learned DR contends that CIT(A) in para 10 of his order has himself expressed the satisfaction that sufficient opportunities were provided by AO to the assessee by following observations: "10. It is clear from the above, that the powers of the Commissioner of Income Tax (Appeals) is extremely limited in admitting fresh evidence. The Learned Assessing Officer is correct in stating that the onus was on the assessee to produce the evidence. During the course of the assessment proceedings, as would be evident from the paper book, detaile....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....poses of disposal of this appeal. 3.2. Learned DR pleads that the observations given by CIT(A) about adequate opportunities and conclusion arrived at by the CIT(A) are contrary to each other. Once AO has asked the assessee to submit his explanation it is not incumbent on him to revert back to assessee intimating assessee about inadequacy of its explanation and to provide further evidence. CIT(A) has proceeded on wrong premise to admit additional evidence. 3.3. It is further pleaded that Hon'ble Delhi High Court recently in the case of CIT Vs. Manish Build Well Pvt. Ltd. ( ITA no. 928/2011 judgment dated 4-11-2011), has held that if AO objects to the admission of additional evidence, then the CIT(A) should give categorical finding in term....