2022 (1) TMI 144

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.... of the facts and circumstances of the case, the Ld. CIT(a) has erred in law and in facts in upholding the decision of the Ld. A.O. to treat the Agriculture Land as Non Agriculture and thereby denying the exemption to the appellant as claimed by her and hence Your Appellant most humbly Prays that the impugned decision of Ld. CIT(A) and the Ld. A.O. be quashed and they be directed to accept the Capital Gain on sale of agriculture land as offered by the appellant. 2. Such other relief(s) to which the appellant may be lawfully entitled to." 2. Brief facts of the case as extracted from the orders of lower authorities are that during the assessment, the AO noted that the assessee sold her 1/3rd share in piece of agricultural land sit....

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....he performances of basic as well as subsequent operation of land. The product may be grain, vegetable, fruit, plantation and groves, grass or pasture for consumption of article of luxury such as betel, coffee, tea supplies, spices, tobacco or commercial corps like cotton, flax, jute, hemp, indigo etc. The assessee also stated that even if the assessee is unable to cultivate agricultural land due to vagaries of nature and non-availability of resources, she cannot be denied exemption. The reply of the assessee was not accepted by the AO. The AO took his view that the assessee has not carried out any agricultural activities in the last three years and the Grass is naturally grown in the land and that the assessee has not earned any agricultura....

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....ple who in turn give some amount which is more or less equal to the expenses incurred in removing and maintaining agricultural land and growth of Grass. The AO presumed that the land was not used for agricultural purpose without appreciating the documentary evidence furnished by the assessee. The assessee furnished sufficient documentary evidence issued by Public Authority which unambiguously prove that impugned land was in fact agricultural land. The veracity of documentary evidence cannot be brushed aside by mere presumptions as presumed by AO. The fact that assessee sold agricultural land is clearly mentioned in the sale deed executed by the assessee along with other co-owner, copy of sale deed dated 08.11.2012 is also placed on record. ....