2021 (9) TMI 122

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....Mujumdar, DR ORDER Per S. S. Godara , JM This assessee's appeal for A.Y. 2008-09 arises from the CIT(A)-5, Hyderabad's order dated 16-09-2015 passed in case No. 0148/2014-15/CIT(A)-5, in proceedings u/s. 143(3) r.w.s. 147 of the Income Tax Act, 1961 [in short, 'the Act']. Heard both the parties. Case file perused. 2. It transpires at the outset that the assessee'....

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....same was used by her for cultivation. The lands are situated 20Km away from the limits of Hyderabad and Cyberabad limits and hence no capital gains tax arise on these lands. But the assessee has not offered any agricultural income. If these lands are not agricultural lands the compensation would have to be treated as sale proceeds and such income received should be brought to tax under the head in....

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.... not. The Assessing Officer appears to have made a clear cut observation that he needed to verify the facts as to whether the assessee's lands are agricultural or not. And also to ascertain if she had suppressed her receipts or not (supra). We thus quote hon'ble Bombay high court's landmark decision in Hindustan Unilever Ltd. Vs. R.B. Wadkar (2004) 268 ITR 332 (Bom) that re-opening rea....