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2014 (7) TMI 552 - ITAT HYDERABADCapital gain on sale of agricultural land - Determination of nature of the land sold – Held that:- As Decided in assessee’s own case for the earlier assessment year, it has been held that there is nothing on records to show that old agricultural land or agricultural operation was being carried on the same land - the land in which there were several claimants, it is unimaginable that one of the claimants can carry on the agricultural operation to the detriment of others interest and others would be silent spectators - there was search and seizure operations in the group and consequently proceedings u/s 153A were initiated - AO neither accepted the agricultural income nor gave credit to the source shown for various deposits in the bank accounts, the issue in other group has been restored to CIT(A) as a whole for deciding the appeals denovo - the claim of agricultural income in earlier years and also source of income which was brought to tax as unexplained cash credits - the additional grounds raised are not adjudicated by the CIT(A) – thus, the matter is remitted back to the CIT(A) for fresh adjudication – Decided in favour of Assessee.
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