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2022 (1) TMI 964 - ITAT DELHIReopening of assessment u/s 147 - capital gain resulted from transfer of agricultural land - Assessee is against not providing opportunity to the assessee as against validity of the proceedings - HELD THAT:- The assessee has not brought any material in support of his averments. Therefore, these grounds of the assessee’s appeal are dismissed. Deduction u/s 54 - Issue whether the land was an agricultural land and did not fall within the definition of capital asset was not adverted and adjudicated. Therefore, under these facts, the impugned order is hereby set aside and the issue whether the land as transferred fall within the definition of capital asset u/s 2 (14) of the Act. If yes, whether the assessee was entitled for any deduction u/s 54 of the Act. The A.O is, therefore, directed to decide these issues after presiding adequate opportunity of hearing to the assessee. Ground allowed for statistical purpose.
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