The case pertains to the determination of the nature of lands ...

Dispute Over Land Classification for TDS: Tribunal Orders Comprehensive Review to Resolve Agricultural vs. Urban Status.

November 6, 2024

Case Laws     Income Tax     AT

The case pertains to the determination of the nature of lands acquired by the assessee, whether agricultural or urban, for the purpose of deducting Tax Deducted at Source (TDS) u/s 194L. The Assessing Officer (AO) held the lands to be urban, requiring TDS deduction, while the CIT(A), relying on reports from other District Authorities, concluded the lands were agricultural, exempting the assessee from TDS liability. The ITAT observed that the CIT(A) failed to examine all relevant authorities and their contentions, as required u/s 250(4). Consequently, the matter was remanded to the CIT(A) for a thorough inquiry and adjudication, considering the claims and evidence from all concerned authorities to determine the actual nature of the lands. The Revenue's appeal was allowed for statistical purposes to ensure a compliant and judicious adjudication process.

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