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Issues involved: Appeal against order of ld. CIT(A)-III Jaipur dated 28-02-2011 for assessment year 2007-08.
Assessee's Appeal: Issue 1 - Assessment u/s 144 of the Act: The AO passed an order u/s 144 due to non-compliance by the assessee despite multiple notices. Assessee contended that the land sold was not a capital asset as it was not within 8 km from Municipal Limit. However, no supporting arguments were presented. The ld. CIT(A) upheld the AO's assessment. The assessee argued that notices were not understood due to illiteracy, but the Tribunal found the AO's actions justified based on material gathered. Issue 2 - Classification of Agricultural Land as Capital Asset: Assessee disputed the classification of agricultural land as a capital asset, claiming it was beyond 8 km from the limit of Jaipur Nagar Nigam. The ld. CIT(A) held that the land fell within the specified distance based on Jaipur Nagar Nigam's scale map. The Tribunal directed the assessee to provide evidence to support their claim, restoring the issue back to the AO. Issue 3 - Deduction u/s 54B and Cost of Improvement: The ld. CIT(A) disallowed deduction u/s 54B as the land was purchased in the son's name. The Tribunal cited precedents to support this decision. Additionally, no evidence was provided for the cost of improvement, leading to a requirement for reassessment of the cost of acquisition by the AO. Revenue's Appeal: Issue - Acceptance of Additional Evidence for Deduction u/s 54F: The ld. CIT(A) allowed a deduction u/s 54F based on additional evidence without confronting it to the AO for consideration. The AO noted lack of evidence for the deduction and discrepancies in the valuation report. The Tribunal found the valuation date post-dated the construction period, necessitating a reevaluation by the AO. The Tribunal partly allowed the assessee's appeal and allowed the revenue's appeal for statistical purposes, emphasizing the need for proper evidence and compliance with legal provisions in tax assessments.
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