2019 (1) TMI 867

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.... is filed by the Revenue, challenging the judgment of the Income Tax Appellate Tribunal (in short "the Tribunal"). Following questions have been presented for our consideration: "(a) Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in holding that the land was agricultural land without appreciating the fact that the assessee had not proved that the ....

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....come in which, there was no reflection of a sale of land by her. During the course of Assessment, she filed a revised return of income, offering receipt arising out of sale of land as capital gain tax. However, subsequently, she argued that the land being in the nature of agricultural land, would not invite capital gain tax. 3 The Commissioner of Income Tax (Appeals) [in short "CIT(A)"] accepte....

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....nd report, Assessing Officer could not bring any adverse material on record. It was also noticed that the Assessee was one of three co-owners of the property. Nothing was brought on record to suggest that any one of the other co-owners, had been taxed under the head 'capital gain tax' for sale of the land. The Tribunal also relied on the fact that the land is shown as an agricultural land ....