TaxTMI 
TaxTMI 
TaxTMI 
2017 (3) TMI 1946
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....HUF. Return of income for the assessment year 2011-12 was filed on 26/10/2011 declaring total income of Rs.4,51,640/- apart from agricultural income of Rs.13,74,685/-. Against said return of income, assessment was completed u/s 143(3) of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short] vide order dated 24/01/2014, by the Deputy Commissioner of Income-tax, Circle-1, Hassan at total income of Rs.81,70,316/- after making addition of Rs.76,61,165/- on account of sale of property of 3 acres and 10 guntas located at Ankanahalli Village, Bilikeri Hobli, claimed to be agricultural land by the assessee. 3. Brief facts surrounding the addition are as under: The assessee had sold 3 acres and 10 guntas of land locate....
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....land was converted for industrial purpose, agricultural operations were continued to be carried on in the land and therefore, same should have been treated as agricultural land. In support of this proposition, learned counsel for the assessee relied on the decision of the co-ordinate bench in the case of M.R.Seetharam in ITA No.1654/Bang/2012 dated 13/06/2014 wherein it was held that where agricultural operations were carried on the land even after conversion, the same continued to be agricultural land. 7. After hearing the rival submissions, we are of the considered opinion that it is not disputed fact that the land was situated beyond the prescribed limits of the Mysore City Corporation and also that the land was converted for non-agri....
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....ly settled law that the CIT(A) cannot do what the AO himself could not have done. Keeping in view this solitary principle of law, we hold that the CIT(A) ought not to have entertained new claim which also requires verification of certain facts as to investment in new house etc. whether the investment was made within prescribed time or not. More so, without affording an opportunity to the AO. This action of CIT(A) offends rule 46A and also it amounts to CIT(A) acting beyond the powers vested with him u/s 250 of the Act or beyond the subject matter of appeal. 12. In the result, the appeal filed by the revenue is allowed. Order pronounced in the open court on this 1st March, 2017 ============= Document 1 1. The orders of the authori....
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....signing any reason whatsoever and therefore, the finding is arbitrary under the facts and in the circumstances of the appellant's case. 4. Without prejudice to the right to seek waiver with the Hon'ble CCIT/DG, the appellant denies himself liable to be charged to interest u/s.234-A, 234-B and 234-C of the Act, which under the facts and in the circumstances of the appellant's case and the levy deserves to be cancelled. 5. For the above and other grounds that may be urged at the time of hearing of the appeal, your appellant humbly prays that the appeal may be allowed and Justice rendered and the appellant may be awarded costs in prosecuting the appeal and also order for the refund of the institution fees as pa....