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TMI Blog2013 (8) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... here is nothing to indicate that assessee was in possession of the subject land even as on 15.09.2004 - No question of law arises - Decided against assessee. - ITA No.30 of 2013 - - - Dated:- 23-7-2013 - D V Shylendra Kumar And B S Indrakala, JJ. For the Appellant : Sri Mallaharao, Adv. for Sri S Parthasarathi, Adv For the Respondent : Sri K V Aravind, Standing Counsel JUDGEMENT:- PER : Shylendra Kumar The appeal by the assessee directed against the order dated 28.09.2012 passed by the Income Tax Appellate Tribunal, Bangalore Bench B , in ITA No.145/Bang/2012 where under the Tribunal dismissed the appeal filed by the assessee. 2. The assessee is an individual and assessment year is 2008-09. In this appeal, the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... namely, agricultural land as per sale transaction dated 23.01.2008 for valuable consideration. The assessee had claimed that it is a transfer of long term capital asset and therefore the assessee is entitled for the benefit of exemption under section 54-F of the Act. The assessing authority who examined the claim of the assessee and passed the assessment order in question on the other hand noticed that the property in question had been purchased by the assessee as per sale deed dated 7.10.2005 registered on 10.10.2005 and it had been sold on 23.1.2008; that it was less than 36 months and consequently the assessee was not entitled to lay claim to exemption under section 54-F of the Act and concluded the assessment on the premise that it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee had also not justified his claim for having taken possession of the property by showing any agricultural operations carried on in the subject land and the agreement being not registered document and moreover there being no reference at all in the sale deed to the agreement dated 15.09.2004 and the entire sale consideration having been received by the assessee only under the sale deed, no mention of the earlier payment of Rs.1 lakh figuring in the sale deed, opined that the self serving document like the agreement to sell which is not registered document cannot be accepted and agreeing with the view taken by the assessing officer of denial of exemption under section 54-F of the Act, is justified and on this aspect, dismissed the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee, found that the view taken by the Commissioner of Income Tax [Appeals] in rejecting the claim of the assessee under section 54-F of the Act and affirming the assessment order was more than justified and even the judicial pronouncement did not favour the assessee in such a situation and the assessee having failed to bring on record any credible documentary evidence to substantiate her claim of the property having been in her possession under an agreement dated 15.09.2004, there is no merit in the appeal and that the benefit under section 54-F of the Act cannot be claimed, dismissed the appeal. 11. It is as against these orders, the present appeal by the assessee and on the questions as noticed earlier. 12. Appearing on behalf of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of fact by the authorities, that the assessee got possession of the property only on 10.10.2005 as per the recital in the sale deed and therefore section 54- F of the Act was clearly not attracted, as to on what date assessee got possession being pure question of fact and even assertion by the assessee that she had got possession of the land earlier to the sale deed, having not been made good on cogent and reliable evidence on record, there is absolutely no need for interference. 15. We have bestowed our attention to the submissions made at the Bar and examined the memorandum of appeal and grounds urged therein. 16. It is no doubt true as contended by Sri. Mallaharao, learned counsel for the appellant that the definition of the word ..... X X X X Extracts X X X X X X X X Extracts X X X X
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