2021 (9) TMI 34

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..... LD THAT:- After hearing both sides set aside appeal to the file of the AO to ascertain fact with regard to nature of land when it was sold. This means, while deciding the issue the AO has to consider distance of land from nearest municipality, which is crucial to decide whether particular land is agricultural land or urban land which comes within the definition of capital asset as defined u/s.2(14 .....

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..... For the Appellant : Mr. Siddharth Nagarajan, Advocate For the Respondent : Mr.G. Johnson, Addl.CIT ORDER PER G.MANJUNATHA, AM: The assessee has filed present Miscellaneous Application against order of the Tribunal in ITA No. 2989/Chny/2019 dated 10.03.2021 for assessment year 2012- 13. 2. The assessee has narrated facts of the case and mistakes stated to be apparent on re .....

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..... see along with order of the Tribunal dated 10.03.2021 in ITA No.2989/Chny/2019 and find that the assessee has failed to make out a case of mistake apparent on record which can be rectified u/s.254(2) of the Income Tax Act, 1961, because the Tribunal, after hearing both sides set aside appeal to the file of the Assessing Officer to ascertain fact with regard to nature of land when it was sold. This .....

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