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2018 (2) TMI 2005 - ITAT CHENNAIRe-opening of assessment u/s 147 - land sold was not agricultural land - HELD THAT:- A perusal of the letter of the assessee filed during the course of the original assessment dated 23.12.2011 shows that the assessee has claimed the land is purely agricultural in nature. The proceedings of the Commissioner, Kundrathur, dated 27.03.2007 shows otherwise. In fact, this is an order issued by the Commissioner, to the assessee himself. The assessee has also paid the development charges in respect of the said development. This being so, we are of the view that this is a fresh evidence available to the AO which clearly shows that the re-opening is not on the basis of a change of opinion. This being so, we are of the view that re-opening is valid and uphold the same. It would also be worthwhile to mention that the assessee has not challenged the additions on merits neither before the CIT(A) nor before us. The assessee has only challenged the issue of re-opening as also the levy of interest u/s.234B - In respect of the issue of the levy of interest u/s.234B, it is found that the levy is compensatory in nature, the same is mandatory and we find no error in the levy. - Decided against assessee.
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