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2013 (12) TMI 194 - ITAT HYDERABADDeduction u/s 54B – The land was continuously used by the assessee for agricultural purposes - The agricultural income from the said property has been declared by the assessee in his return of income - Held that:- The land was entered in the revenue records as agricultural land - The land was always treated as agricultural land and that only limited cultivation was possible on account of scarcity - The assessee had in fact cultivated a part of its lands according to the Adangal Register and no further cultivation was possible because of lack of water. The use referred to in the section can only be regarded as such use as the lands are capable of with the aid of facilities available and the assessee cannot be denied the relief – The assessee was actually unable to put the land to use due to vagaries of nature and non-availability of resources – It is not the fault of the assessee if rained lands are not actually put to use during the drought – Decided against Revenue.
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