Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

ITAT ruled in favor of the assessee, setting aside the Pr. CIT's ...


Land Distance Valuation Upheld: Proper Inquiry and Documentary Evidence Prevail Against Arbitrary Reassessment Under Section 263

April 16, 2025

Case Laws     Income Tax     AT

ITAT ruled in favor of the assessee, setting aside the Pr. CIT's order under Section 263. The tribunal found that the Assessing Officer (AO) had conducted a proper inquiry and accepted the assessee's documentary evidence regarding the land's distance from municipal limits. The Pr. CIT's attempt to reexamine the issue based on a 2024 Google map verification was deemed inappropriate, particularly given municipal limit changes in 2016. The tribunal emphasized that when the AO has already satisfied himself with the supporting evidence, the CIT cannot remand the matter for fresh adjudication merely due to uncertainty about the claim's correctness.

View Source

 


 

You may also like:

  1. The assessee claimed exemption from long-term capital gains tax on the sale of agricultural land situated beyond the prescribed distance from municipal limits. The...

  2. Assessment u/s 153A - Addition u/s 68 - Unsecured cash credits - documentary evidences on record have not been rebutted by the A.O. through any evidence or material on...

  3. Addition to income from capital gains - Nature of land sold - Anyhow, to meet the ends of natural justice, we direct the assessee to file complete sale deeds of the...

  4. Nature of land sold - agricultural land - distance between two physical points on the surface of earth from local limits of the Municipality - Distance Measurement - The...

  5. The case pertains to an addition made u/s 69 for unexplained investment in agricultural land at Ratlam. The issue revolved around whether the addition was based on...

  6. PCIT invoked section 263 against order of AO accepting valuation report of merchant banker determining share value at premium. ITAT held that AO failed to make proper...

  7. Claim of duty drawback, refund of IGST and state levies - Valuation of export goods - The Tribunal's decision underscores the importance of adhering to the legal...

  8. Addition u/s 56(2)(vii)(b) - difference in the market value and issued value of shares - assessee had established through various evidences submitted during appeal...

  9. Capital gain on sale of land - Nature of land sold - agricultural land - calculation of shortest route - , although there is no doubt that conflicting reports were...

  10. u/s 56(2)(vii)(b), the addition was made based on the difference between the stated value and the District Valuation Officer's (DVO) valuation. It was held that an...

  11. Nature of land sold - Capital asset or rural agricultural land - Measurement of Distance - As for the distance measurement submitted by the assessee, the same is based...

  12. Nature of land sold - distance from the limits of municipality - agricultural land - ITAT manifestly erred in remanding the matter to the Assessing Authority instead of...

  13. HC upheld the tax authorities' determination that the disputed land was not agricultural land under Section 2(14)(iii) of the Income Tax Act, making gains from its sale...

  14. Recovery of CENVAT Credit wrongly availed - allegation of non-receipt of material - it is a settled law that where there are tangible documentary evidence in favour of...

  15. LTCG on sale of agricultural land - Nature of land sold - As the question of distance of the land sold from the outer limit of the Municipal Corporation and other 13...

 

Quick Updates:Latest Updates