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2012 (3) TMI 454 - AT - Income TaxWhether the land transferred by the assessee is not agricultural land and thereby holding that it is a capital asset the transfer of which gives rise to taxable capital gains? - Held that:- The evidences filed by the assessee such as, certificate from VAO, Morai Village, certifying that the land sold was agricultural land, certificate from General Manager, Metropolitan Transport Corporation (Chennai) Ltd certifying that Morai Village is situated 10 kms away from Avadi, Rough sketch of the available approach road to the land sold, by the Deputy Surveyor, Ambattur Taluk, to impress upon that the land sold was situated more than 8 kms from the Avadi Taluk, were not considered by the Assessing Officer as no reasons for not accepting these evidences have been given by him in the assessment order. Further, no reasons have been given by the Assessing Officer as to why the Inspector’s report should be relied upon and the certificates filed by the assessee should be ignored. During the course of hearing, the ld. A.R of the assessee has also submitted that he had no objection if the matter was restored back to the file of the Assessing Officer for considering the evidences filed by the assessee afresh. We find force in the submissions of the ld. A.R of the assessee. We, therefore, set aside the orders of the lower authorities and remand the matter back to the file of the Assessing Officer for readjudicating the issue afresh. Appeal filed by the assessee is allowed for statistical purposes.
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