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TMI Blog2021 (9) TMI 1564X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 in Tax Case (Appeal) No 504 of 2018. 3. The appellant - assessee filed his return of income for Assessment Year 2007-2008 on 17 July 2007, declaring a total income of Rs 3,87,342. The return was processed under Section 143(1) of the Income Tax Act 1961 on 8 August 2008. A survey was conducted under Section 133A on 5 June 2012. Since the assessee had not disclosed capital gains for the Assessment Year, the assessment was reopened by a notice under Section 148. The assessee claimed that the land which was sold by him was agricultural and is exempt from capital gains tax. The assessing officer passed an order of assessment on 26 March 2014, treating the land to be non-agricultural and determined the capital gains at Rs 8,61,41,416. The Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of the land is agriculture, the same cannot be brought under the definition of capital asset for the purpose of levying long term capital gains. Further, what has been sold by the assessee is not converted lands. This being so, in the present case, as it is noticed that the land sold by the assessee is agricultural land, we are of the view that the same is not giving rise to any long term capital gains in the hands of the assessee. In these circumstances, the findings of the Ld. CIT(A) and the AO on this issue stands reversed." (emphasis supplied) 5. The appeal by the Revenue before the High Court under Section 260A had a chequered history before the High Court. Mr Arvind P Datar, learned senior counsel appearing on behalf of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Since relevant columns in the Adangal with regard to crop and extent are left blank, it would not be proper to record a finding on those documents and they have to be discarded. It is an undisputed fact that no genuine agriculturist would purchase a land Rs.2,50,00,000/- per acre. In our considered opinion, the factors 2, 7, 8 and 13 evolved by the Gujarat High Court (supra) are relevant factors to be taken into consideration for deciding the nature of the land. However, the appellate Tribunal overlooking the above material factors and on the basis of Chitta and Adangal, granted exemption of payment of capital gain. Hence, this is the case of finding on no evidence and it is perverse." (emphasis supplied) Aggrieved by the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the relevant details had been omitted in the extract which was furnished. In the application for permission to file additional documents, it has been stated that the appellant has been able to get a certified copy of the extract of the relevant register which indicates that during Fasli years 1410-1415, paddy was cultivated in the said agricultural land, and the extract which has now been furnished is also duly certified by the Tehsildar. The appellant has sought to urge that the original records of the Adangal maintained by the Tehsildar categorically indicate that agricultural activity was carried out during 2000-2005. The appellant has also relied on certain documentary material annexed to the application to suggest an inference that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Reply Letter by Public Information Officer, Office of Sub-Registrar, Thoriporur, bearing Serial No.20/2020 dated 14.02.2020; and (iv) A copy of Certificate issued by Village Administrative Officer dated 10.2.2007." 10. We have heard Ms Aishwarya Bhati, learned Additional Solicitor General in response to the above submissions. There is justification in the submission which has been urged on behalf of the Union of India by Ms Aishwarya Bhati that by its very nature, it would not be appropriate for this Court to look into the documents which have been produced in the application for permission to file additional documents, particularly in the absence of the High Court having carried out the exercise. It would be unsafe for this court t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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