2010 (3) TMI 1270

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....out giving findings on substantive question of land usage." 3. Impugned assessment order is passed u/s 144 of Income-tax Act, 1961(Act) in which the income of the assessee has been assessed at Rs.3 crores on the basis of AIR information received by the Assessing Officer from the CIT(CIB), Delhi vide Reference No.CIT(CIB)/Delhi/GSL10985. As on the scheduled date of hearing, nobody attended and no reply was filed, therefore, the Assessing Officer treated the said amount as income of the assessee. 4. In the appeal filed before the CIT(A), it was found that assessee was one of the 33 co-owners of an agricultural land situated at Samalkha, which was sold on 3.12.2004 for a consideration of Rs.6 crores. It was also found that assessee was e....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....acts and assessed at NIL income. vi) The CIT(A), XXII, New Delhi has also accepted the above facts while deciding the appeals in other co-owners, namely Shri Ram Niwas (A.No. 204/07-08), Shri Vijay Kumar (A.No.205/07-08), Smt. Budho (A. No. 207/07-08). 5. It was the case of the assessee that as the agricultural land was sold and against the sale consideration another agricultural land was purchased, therefore, the assessee was entitled to get deduction u/s 54B of the Act and, therefore, no income as such was assessable in the hands of the assessee as can be seen from the analysis of report. It was also the submission of the assessee that in the cases of another co-owners, the claim of nil income was accepted by the department ei....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... aside the matter to the Assessing Officer as, according to the Ld. D.R., no such power is vested in the CIT(A) as per provisions of statute as existing for the relevant assessment year. He thus pleaded that ld. CIT(A) was not right in remitting the matter back to the Assessing Officer and he should have determined the issue at his level. 7. On the other hand, the Ld. A.R. submitted that assessment as such has not been set aside by ld. CIT(A) and, therefore, while referring to certain issues to the file of the Assessing Officer, the CIT(A) did not act in contravention of the provisions of the Act and his order should be upheld. He also informed that assessee has not filed any appeal against the order of the CIT(A). 8. We have carefull....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ive revenue authorities/patwari, who officially maintains the actual land use record (Girdawari). For determining the cost of acquisition as on 1.4.1981, the Assessing Officer may take the circle rate fixed by the Govt. for stamp duty purposes for that area or the average of sale price prevailing in that area, whichever is higher. Accordingly, the income under the head capital gains may be worked out. The deduction u/s 54B of the Act, if all conditions are fulfilled, shall be allowed." 9. The above directions of ld. CIT(A), if read with the provisions of section 251(1)(a), then it will be clear that he has not confirmed, reduced, enhance or annulled the assessment but practically he has restored the issue to be determined by the Assessin....