2022 (3) TMI 1271

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....e Income Tax Officer, Non-Corporate Ward - 13(4), Chennai for the Assessment Year 2011 - 2012 u/s.143(3) r.w.s. u/s.147 of the Income Tax Act, 1961 (hereinafter 'the Act') vide his order dated 22.12.2018. 2. The first issue in this appeal of Assessee is as regards to the order of the Commissioner of Income Tax (Appeals) confirming the action of the Assessing Officer in treating the agricultural land sold by the Assessee as 'capital asset' liable for long-term capital gain as against claim of the assessee that the land was agricultural land which would be exempt under the Act. For this, the Assessee has raised ground no. 2(a) which read as under: "(2)(a) The learned Commissioner of Income Tax (Appeals) erred in non-granting of re....

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....r noted that as per Sale Deed the assessee received consideration of Rs. 68,85,000/- but claimed deduction u/s.54F of the Act for Rs. 92,67,792/-. The same was on account of investment of Rs. 95,00,000/- made by the assessee to purchase / construct another house property. However, in the absence of satisfactory documents forthcoming from the assessee, in this regard, Ld. AO denied the deduction as claimed by the assessee u/s 54F. 4. During appellate proceedings, the assessee, inter-alia, raised a plea that the land under consideration was an agricultural land which was not a capital asset and thus, no capital gains would arise from sale thereof. The evidences submitted by the assessee were subjected to remand proceedings wherein the asse....

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....nd was under cultivation before the same was sold by the assessee. The relevant observations in the remand report were as under: - As per the directions of the Commissioner of Income Tax (Appeals), the Assessee was requested to provide additional evidences, documents in support of their submissions before the Commissioner of Income Tax (Appeals) and the Assessee's representative appeared and produced the relevant agricultural land. It was scrutinized and the patta of neighbouring land bearing S.No.1098/4A was also submitted showing it as agricultural land. Further, the field enquiries made by the Inspector of this ward also confirms that the said land was under cultivation before the purchaser built the School [St. John's ....

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....ladampettai All Wards Sholinganallur On the basis of the same, Ld. AR submitted that as per the notification, the village in Jalladampettal was brought within the Chennai City Municipality Corporation w.e.f. 19.07.2011 only which is much after the date of sale of land by the assessee. The revenue could not controvert this fact. 8. The Ld. DR has raised a plea that gains were admitted by the assessee in the return of income and fresh claims could be made only by way of revised return of income. However, CBDT in circular dated 11.04.1955 has observed that the officers of the department should not take advantage of ignorance of assessee as to his rights. It is one of their duties to assist the taxpayer in every reasonable way, part....