TMI Blog2018 (6) TMI 1826X X X X Extracts X X X X X X X X Extracts X X X X ..... ds to be re-examined by the AO - Accordingly, the orders of both the authorities below are set aside and the issue raised by the assessee is remitted back to the file of the AO. AO shall re-examine the matter in the light of the material that may be produced by the assessee, more particularly the Adangal extract and other relevant documents, and thereafter decide the issue afresh in accordance with law, after giving a reasonable opportunity to the assessee. Appeal filed by the assessee is allowed for statistical purposes. - ITA No.3031/Chny/2017 - - - Dated:- 14-6-2018 - SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER For the Appellant : Shri S.V. Venkateshwaran, CA For the Respondent : S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... according to the Ld. representative, the Assessing Officer disputes that the land sold by the assessee at Injambakkam Village, Sholinganallur, is not an agricultural land. According to the Ld. representative, the land owned by the assessee was classified as dry land in the State Revenue records. The assessee has cultivated the land with coconut trees. The Ld. representative further clarified that the land in question is situated adjacent to the seashore at Injambakkam, therefore, it is also not fit for cultivation. On a query from the Bench as per the Coastal Zone Regulations, how it was classified? The Ld. representative clarified that it was classified as CRZ III. Since it was classified as CRZ III, according to the Ld. representative, n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has planted some coconut trees, the land will not be construed as agricultural land. According to the Ld. D.R., the land in question was classified as dry land by the State Government. It was also reported as residential land by the State Registration Department. Therefore, according to the Ld. D.R., the CIT(Appeals) has rightly found that it is not an agricultural land. The Ld. D.R. further submitted that the land is situated within city limits. The existence of coconut trees may be incidental. It does not alter the character of the land. 6. We have considered the rival submissions on either side and perused the relevant material available on record. In the case of the co-owner Shri Keshav Sunderam Rajam in I.T.A. No.1758/Mds/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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