2025 (10) TMI 290

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.....09.2021 is against the law and material available on record. 2. Under the facts and circumstances of the case the assessment proceedings u/s 147 has been done by non-jurisdictional AO. Proceedings under section 147 was concluded by non-jurisdictional AO ward Bhiwadi, however, assessee's jurisdiction falls with ITO 5(3), Jaipur. 3. Under the facts and circumstances of the case, the learned Assessing Officer and learned CIT Appeals has seriously erred in making addition of Rs. 16,60,000/- as Long Term capital gain. It is respectfully submitted that the said land was Rural Agriculture land and not a capital asset, therefore, capital gain can not be arise on sale of such land. 4. The ld. AO grossly erred in completin....

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....t year. Assessee did not file his return of income for Assessment Year 2013-14 despite having sold his immovable property for a sum of Rs. 16,60,000/-. The AO, therefore, after recording reasons in writing that assessee's income to the extent of Rs. 16,60,000/- which is chargeable to tax, has escaped assessment, issued notice under section 148 of the I.T. Act, 1961 dated 19.03.2020 after obtaining approval under section 151(1) from the competent authority. The assessee did not respond to the said notice. Therefore, notice under section 142(1) dated 09.09.2021 was issued requiring the assessee to furnish return of income and other details/documents. No compliance was made by the assessee to this notice also. Since no compliance was made from....

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....missed. In ground no. 3, the assessee challenged the addition on the basis that the property sold was agricultueral land and outside the scope of capital asset. The assessee has filed only the copy of the khata of the land in support of his claim. It is pertinent here to note that mere classification of property as agricultueral land in the records is not sufficient to exclude the property from the purview of capital asset. The onus is on the assessee to prove that the property was not within the municipal limits or similar exceptions provided in Section 2(14) of the Act. The assessee did not submit any explanation during the appellate proceedings. Therefore, I am constrained to uphold the addition ground No. 3 is dismissed. ....

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....non jurisdictional AO and hence the same are quashed. The instant notice u/s 148 and the consequential order passed by AO, Bhiwadiand confirmed by the ld. CIT (A) are quashed. 4.2. In respect of agricultural land sold by the assessee, the ld. A/R of the assessee has submitted that the lower authorities have not disputed the fact that the land in question was recorded as agricultural land in the revenue record. Thus the land being agricultural land cannot be considered for the purpose capital gain as it is excluded from the definition of capital asset as per provisions of section 2(14) of the IT Act. The character and the nature of the land is recorded in the revenue record as agricultural land. In support of assessee's contention, the ld....