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2013 (12) TMI 1050 - AT - Income TaxOverriding title on property – Held that:- There is no material to show that the brothers and sisters of the forefathers having any title over the property - The assessees have not placed any document to show that the payments to whom the assessees have made any title over the property - The conduct of the co-owners to whom the payment has been made is not supported by any arrangement either under the Income-tax Act or under the Muslim law – Decided against assessee. Agricultural land – capital asset or not – Held that:- Following Smt. Gousia Begum v. Deputy CIT [2013 (9) TMI 559 - ITAT HYDERABAD] - The capital gains arising out of sale of land situated within 8 k.m. of local limits of Hyderabad Municipality, is liable for tax on capital gains irrespective of the fact whether it falls under the limits of Rajendra Nagar Mandal or otherwise - Mere fact that the land in question was agricultural land cannot be a ground to claim for exemption under section 2(14) of the Act as the land is situated within the local limits of Hyderabad Municipal Corporation – Decided against assessee. Inam Land – capital asset or not – Held that:- According to the order of Mandal Revenue Officer (MRO), Rajendra Nagar Mandal, Rangareddi District dated March 4, 1999, the property bearing Sy. No. 21, Peeramcheruvu village an extent of 0.09 acres the nomenclature was changed from inam to patta with effect from March 4, 1999 – Decided against assessee. Deduction u/s 54F – Held that:- If the assessee constructs any residential house, the assessee is required to place necessary evidence to prove that the construction has taken place - No evidence has been furnished regarding the construction of new house so as to show that the sale proceeds of the land were utilised for the purpose of construction of the new house - The onus lies on the assessees to prove by way of evidence to justify their claim for deduction - The onus was not discharged by the assessees - The assessees could not furnish the requisite evidence to prove the fact that there was any actual construction within the time stipulated in section 54F - Merely producing a copy of permission from Gram Panchayat with regard to construction permission by itself cannot discharge the assessees from proving actual construction – Decided against assessee. Deduction under section 54B – Held that:- There is no adjudication by the Commissioner of Income-tax (Appeals) on this ground – The issue was restored for fresh adjudication. Brokerage – Held that:- There is no adjudication by the Commissioner of Income-tax (Appeals) on this ground – The issue was restored for fresh adjudication.
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