TaxTMI 
TaxTMI 
2026 (9) TMI 1253
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.... therefore, being disposed off by way of a common order. ITA No. 1859/AHD/2025 2. We will first take up ITA No.1859/AHD/2025 preferred by the Assessee pertaining to Assessment Year 2012-2013, whereby, the Assessee has challenged the Order, dated 16/07/2025, passed by the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as the 'CIT(A)'],whereby the appeal preferred by the Assessee against the Assessment Order dated 03/12/2018, passed under Section 143 read with Section 147 of the Income Tax Act, 1961 [hereinafter referred to as 'the Act'],was disposed off as 'partly allowed'. 3. The Assessee has raised following grounds of appeal in ITA No.1859/AHD/2025: 1. "1. The appellant is an agriculturist by occu....
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....xemption under section 54B of the Act. Further, the Learned CIT(A) made an addition of 2,32,200 by treating the agricultural income declared by the appellant as "Income from Other Sources" on the ground of non-furnishing of documentary evidence. 8. Being aggrieved by the partial relief granted, the appellant has preferred the present appeal before this Hon'ble Income Tax Appellate Tribunal for kind and judicious consideration 4. We have heard both the sides and have perused material on record. 5. The relevant facts in brief are that the Assessee, a resident individual, engaged in agricultural activity did not file return of income for Assessment Year 2012-13. The Assessing Officer received information that the Assessee ha....
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....sed by the Assessee is directed against the order of the Learned CIT(A) denying Assessee's claim for exemption of INR.11,25,350/- under Section 54B of the Act. 9. We have heard both the sides in relation to the aforesaid issue and have perused the material on record. 10. It is admitted position that the Assessee alongwith his brother (i.e. Shri Devabhai Desai) were co-owners of the same agricultural land that was sold. It is also admitted position that the Assessee and as well as his brother had claimed benefit of Section 54B of the Act in respect of investments made in the same piece of land. A perusal of records shows that the reassessments were initiated in the case of the Assessee and as well as his brother for the Assessment Year....
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....m sale of immovable property and the investment made towards purchase of the new immovable property. The issue of taxability of agricultural income of INR.2,32,200/- was not taken up during the assessment proceedings. The addition was made by the Learned CIT(A) on the basis of remand report by the Assessing Officer. On perusal of the impugned order, we find that no notice of enhancement has been issued to the Assessee under Section 251(2) of the Act. Therefore, accepting the contention of the Assessee, we hold that the addition of INR.2,32,200/- made by the Learned CIT(A) cannot be sustained and the same is hereby deleted. Thus, Ground No.2 raised by the Assessee is allowed. 13. In result, the present appeal preferred by the Assessee is ....