2023 (6) TMI 1125

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....pital gain of Rs. 18,03,148/- made by Id. AO on sale of undisputedly rural agricultural land u/s 2(14) of Act supported with Nagar Palika Parishad, revenue records etc., thus taxing an income beyond the purview of section 45 of Act. 3. Because learned Commissioner of Income Tax (Appeals) is inherently wrong in making incorrect remark on receipt of Govt. and further went wrong in doubting the land as barren land with no agricultural operation though khasra itself proved agricultural activity. 4. Because, both the authorities below further misdirected themselves under the law, in differentiating between the rural agricultural land u/s 2(14) and urban agricultural land subjected u/s 54B of Act." 3. The ld counsel submitted....

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....ointed that the copy of sale deed available at page 7 to 15 of the assessee's paper book clearly reveals that the land was clearly recorded as agricultural and which was situated at National Highway of one side and surrounded by the field of three sides on which agricultural activity was carried out and purchased deed also reflects the same factual position. The ld counsel drawing out attention towards page No. 23 to 30 of assessee's paper book submitted that certified copy of Khatauni of Khasra No. 758 from 2010 to 2014, which are on record giving details of various agricultural produce like wheat, mustard, potato, chara etc clearly proves beyond doubt that agricultural activity was carried out on the land and it was also submitted to land....

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....nd to Md. Gouri and others showing the land as agricultural land situated at Village Sarurour pargana and Tehsil Gar Mukteswar, Distt Ghaziabad. Further, from the certified copies of Khatuni of Khasra No. 758 I further noted that the revenue records reveals that the agricultural activity by obtaining copy of wheat, mustard, potato, chara etc was carried out in one year and in second year i.e. during 2013 the crop of wheat and mustard was taken from the land survey 758. Page No. 37 and 38 of assessee's paper book reveals that population of Nagar Palika as per census 2011 was 46,077 and the land was situated in village Village Sarurour pargana 6 Kms away from Tehsil HQ Garmukteswar. Page 37 reveals that the assessee also obtained no objection....