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TMI Blog1982 (10) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... s order in ITA No.43/Chandi/80 dt. 15th June, 1982 to the Hon'ble High Court of Punjab Haryana at Chandigarh for their esteemed opinion: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in cancelling the order under s. 263 passed by the CIT. " Inasmuch as, in our opinion, the above said question does not call for reference, the request of the conce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d period. In respect of the said lease deed, the assessee incurred an expenditure of Rs. 1,014.50 on registration expenses and deducting the said sum from Rs. 80,000 the assessee had shown the balance of Rs. 79,985.50 as agricultural income. The assessee produced the said lease deed before the ITO in the course of assessment proceedings and her case was represented by Mr. M.L. Ahuja, her represent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the land in question was not in fact being used for any agricultural purposes by the assessee before and at the time when it was leased out, the land was not leased out for agricultural purposes alone. Since in the present case the lease deed permitted the use of land for the purposes other than agriculture, the CIT notified to the assessee the lease rent of Rs. 80,000 minus Rs. 1,014.50 receiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contested before the Tribunal, the Tribunal in paras 8 and 9 of its order allowed the assessee's appeal. The Tribunal in para 8 of its order on page 13 observed as under: "... In the instant case, the land leased out was agricultural land as per the Revenue's record and was being used by the assessee as such before it was leased out. Reading of the deed as a whole also shows that it would be u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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