TaxTMI 
TaxTMI 
2019 (8) TMI 17
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....2.The Revenue has raised the following questions and would submit that there are substantial questions of law arising for consideration in this appeal:- "i. Whether on the facts and circumstances of the case, the Appellate Tribunal was right in holding that sale of land by the assessee could not be assessed as income from business? ii. Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the lands in question sold by the company are "agricultural" when it is on record and not in dispute that no agricultural activity whatsoever was carried out by the assessee from the Financial Year 2005-06 onwards?" 3.We have heard Mr.T.R.Senthil Kumar, learned Senior Standing Counsel for the a....
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....131 of the Act and the said VAO one Mr.Bhupathy appeared before the Assessing Officer and gave a statement stating that without proper verification of the original records, he had given the extract of the Adangal. The Assessing Officer afforded opportunity to the assessee to cross examine the VAO, who appears to have stated in the cross examination that the earlier certificate given by him should not be relied on. It was pointed out by the assessee that in the registers maintained in the office of the VAO, mutation of entries have not taken place and the registers having not been updated, the same cannot be relied on. The Assessing Officer did not accept the stand taken by the assessee and rejected the claim made by the assessee with regard....
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....were issued without proper verification of the original records due to oversight and requested to treat the certificates issued previously containing false information as cancelled and consider the fresh certificates produced before the Assessing Officer as true certificates as on date. 12.It is noteworthy to mention, at this juncture, that the VAO while issuing the Adangal extract is expected to re-produce the entries which are maintained in the Adangal register. Similarly, in the Chitta register. In other words, the Adangal extract is a true copy of the Adangal register. Therefore, if he has given false certificates contrary to the entries in the Adangal register, the VAO has to be proceeded departmentally as well as criminal action has ....
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.... Apart from that, the land in question upon being transferred to the purchaser, still continues to remain as agricultural land. Therefore, we cannot be called upon to examine the factual findings recorded by the Tribunal while affirming the factual findings rendered by the CIT(A) as if we are third appellate authority. A similar view was taken in the case of CIT(A) vs. P.Ashok Kumar, in T.C.A.No.268 of 2011, dated 02.01.2019. 14.Mr.T.R.Senthil Kumar, learned Senior Standing Counsel referred to the decision in the case of PCIT vs. A.Lalichan reported in [2019] 104 taxmann.com 30 (Madras). We find that the said decision cannot be of any assistance to the case of the Revenue because the finding given by the Division Bench in paragraph 9 clea....