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2012 (6) TMI 236 - AT - Income TaxCapital gain – enhanced compensation received on compulsory acquisition – assessee claimed capital loss - agricultural land – Held that:- CBDT has issued a notification in terms of section 2(14)(iii)(b) and that the land in question is situated in Village Kundli being an area adjoining the local limits of Panchkula municipality, which has already been notified by the CBDT for the purpose of section 2(14)(iii)(b) of the Income-tax Act and is therefore a capital asset. The order of the ld. CIT(A) is completely silent in this behalf also. assessee had neither filed any evidence before any of the authorities below to show his ownership of agricultural land nor filed details of expenses. All these aspects have not been looked into by the CIT(A). In this view of the matter, the order passed by the CIT(A) is vacated and the matter is restored to his file for a fresh decision. appeal filed by the Department is treated as allowed for statistical purposes.
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