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TMI Blog2024 (8) TMI 1301X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter of the appellant to the Tribunal to decide only the issue qua the nature of the land situated at Motera as to whether such land is an agricultural land as per the provision of section 2(14) of the Act or not?. - Honourable Mr. Justice Bhargav D. Karia And Honourable Mr. Justice Niral R. Mehta For the Appellant(s) : Ms Vaibhavi K Parikh For the Opponent(s) : Mr. Varun K.Patel ORAL JUDGMENT PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA 1. Draft amendment is allowed. To be carried out forthwith. 2. Heard learned Senior Advocate Mr. Tushar Hemani with learned advocate Ms. Vaibhavi Parikh for the appellant and learned Senior Standing Counsel Mr. Varun Patel for the respondent on advance copy. 3. This Tax Appeal is arising from the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation, got converted such agricultural land into non-agricultural land before the execution of the sale deed. The appellant thereafter transferred the land vide conveyance deed dated 04.04.2009 to M/s. Savvy Organizer and claimed an exemption under section 54B of the Act amounting to Rs. 39,36,476/- on account of reinvestment in agricultural land. The appellant also sold the land bearing Survey No. 199/2 to M/s. Maruti Build Con during the financial years 2006- 07 to 2009-10 on behalf of all co-owners of said land, however sale deed of which is still pending for execution. 5.3 A search u/s. 132 of the Income Tax Act, 1961 [ the Act for short] was conducted in case of Maruti-Savvy Group of cases on 27.04.2011 and subsequent dates. A warrant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal by order dated 11.01.2023 on the ground of limitation as the appellant preferred application after a period of six months. 7. It was submitted that though the appellant has raised common additional ground before the Tribunal and the Tribunal has recorded such grounds at para 2.1 in the impugned order, but the Tribunal did not decide such ground which reads as under: 2.1 The assessee vide letter dated 25.11.2020 has raised the additional ground of appeal which is reproduced as under: The land transferred by the assessee, against which exemption under section 54B of the Act has been claimed, was an Agricultural land not failing within the ambit of capital asset as defined under section 2(14) of the Act and hence, gain arising on trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of any pleading by the appellant the CIT (A) also has not considered the aspect of the taxability of Motera land being the agricultural land. 10. In rejoinder learned Senior Advocate Mr. Hemani invited attention of the Court details submitted by the appellant for Motera land being agricultural land and submitted that the Tribunal ought to have considered additional ground which is common for both the land i.e. Motera land and Nardipur land however the Tribunal has decided only the nature of the land of situated at Nardipur and not decided the same about Motera land. 11. In view of the above facts emerging from the record and on perusal of the impugned orders passed by the Tribunal, it appears that the Tribunal has not considered the natur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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