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2017 (4) TMI 1335 - AT - Income TaxExemption u/s 10(37) - amendment to the income tax act has been made w.e.f. 01/04/2004 and whereas the land has been transferred by the assessee prior to that date - Held that:- As relying on case of Chura Ram versus ITO [2010 (9) TMI 411 - ITAT, CHANDIGARH] the provisions of section 10 (37) are applicable to the impugned amount received by the assessee during the year and thereby such sums received by the assessee is exempt. Accordingly we do not find any infirmity in the order of the Ld. CIT (A) in granting exemption to the assessee under the provisions of section 10 (37) to the impugned sum of ₹ 8081704/– hence we confirm the same. Whether CIT appeal has granted exemption with respect of the gair Mumkin land as agricultural land without appreciating the facts of the case? - Held that:- In the present case the gair Mumkin land has been certified by the revenue authorities as agricultural land. As certified by the Patwari concerned that the Gair mumKin land is an agricultural land is where there were Wells, water channels and water storage tank. These land abuts the land where cultivation is carried out and is contagious on it. No cultivation can be carried out without having these necessities. Hence the gair Mumkin land also falls within the ambit of ‘agricultural land’ and therefore entitled to the benefit of section 10 (37) of the act. - Decided against revenue
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