2022 (4) TMI 1172

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.....s. 147 of the Act on 28-12-2018. The grounds raised by the assessee read as under: 1. The order of the CIT(A) is erroneous, opposed to law and is merely a reiteration of the order of assessment. 2.1 The CIT(A) ought to have held that the reopening u/s 147 is bad in law insofar as there has been no escapement of taxable income. 2.2 The CIT(A) ought to have seen that there could be no reason to believe that income had escaped assessment warranting re-opening of assessment. 3.1 The CIT(A) erred in upholding the addition of Rs. 2,70,71,209/- as Long-Term Capital Gains in respect of the lands sold by the Appellant at Varadharajapuram Village, Sriperumbudur Taluk. 3.2 The CIT(A) went wrong in holding ....

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....y the Tribunal in case of co-owner. The copy of the order passed in ITO V/s Late T.Bhavani Devi (ITA No.1214/Chny/2019 dated 25.02.2022) has been placed on record. The Ld. AR submitted that since the land has been held to be agricultural land, the resultant gains would be exempt from tax and other grounds have been rendered infructuous. The said position could not be disturbed by the revenue. 3. Upon careful consideration of material facts, we find that the assessee, along with co-owners, sold certain properties situated at No.111, Varadarajapuram Village, Sriperumbudur Taluk, Kancheepuram District. The sale receipts were claimed exempt on the ground that the properties were agricultural land. The total extent of land sold was 4.52 acres....

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....t municipality to Varadarajapuram and also the limits of Karasangal which is an area located beyond Varadarajapuram. From the map it may be seen that a point beyond Varadarajapuram that too on the other end of Karasangal itself is only 5.65 kms from the outer limits of Tambaram Municipality, when measured aerially. (iv)Further it can be very clearly conferred from the above map that Varadarajapuram is only 4.17 kms from the outer limit of Tambaram Municipality, when measured aerially. From the above, it is clear that the JCIT has calculated the aerial distance of Varadarajapuram village from the outer limit of Tambaram Municipality measured aerially as seen from the google map positioning of GPS. Further, we noted that in ....