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TMI Blog2023 (4) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... T(A) has recorded categorical finding that the assessee could not file any evidence to prove that the impugned land sold by the assessee along with other co-owners is an agricultural land which does not come under the purview of capital gains. CIT(A) had discussed the issue in light of facts brought out by the AO and arguments advanced by the assessee and came to the conclusion that the remand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT ORDER PER MANJUNATHA. G, ACCOUNTANT MEMBER: This appeal filed by the assessee is directed against the order passed by the Commissioner of Income Tax (Appeals)-7, Chennai, dated 27.08.2019 and pertains to assessment year 2013-14. 2. The assessee has raised the following grounds of appeal: 1. The order dated 27.06.2019 of the Learned CIT(A)- 7, Chennai in ITA No.60/CIT-A-7/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment proceedings, the AO noticed that the assessee has sold an immovable property along with other co-owners for a consideration of Rs. 3,11,30,400/-. However, in the return of income, assessee has admitted consideration of Rs. 25 lakhs only. Therefore, the AO by taking note of details of sale consideration received for transfer of property adopted assessee s share of consideration at Rs. 51,88 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial precedents. The ld. CIT(A), after considering relevant submissions of the assessee and also taken note of relevant facts, opined that land sold by the assessee is not an agricultural land, because the assessee could not file any evidence to prove that the said land is agricultural land, which is situated beyond 8 kms from the limits of local municipality. However, directed the AO to allow the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect to the claim of the assessee, the AO gave his findings that the impugned land is not an agricultural land. The assessee neither filed any evidences nor explained how said land is agricultural land which is outside the scope of capital gains tax. The findings of the facts recorded by the ld. CIT(A) is uncontroverted. The assessee neither appeared nor filed any details. Therefore, we are of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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