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2017 (2) TMI 29 - AT - Income TaxValidity of reopening - long term capital gains addition arising from sale of land - proof of capital asset u/s.2(14)(iii) - locus for the assessee left any more as she has already paid the taxes in question well before Section 148 proceedings - Held that:- We notice that a co-ordinate bench of this tribunal in ACIT vs. Satyanarayan Agarwal (2002 (3) TMI 207 - ITAT CALCUTTA-B ) holds that an admission made in the return is not binding in case an assessee seeks to change or modify his or her stand. Learned co-ordinate bench is of the view that an assessee can always seek to prove that the income declared earlier was not taxable. We draw support therefrom to reject Revenue’s above contention of non maintainability of the instant assessee’s appeal. We therefore remit the assessee’s latter substantive ground as well back to the CIT(A) to decide afresh as to whether her land sold was a capital asset or not u/s.2(14)(iii) of the Act in tune with the other group cases (supra). It is made clear that the assessee would be at liberty to place on record all the relevant details in order to prove the fact that her land sold was agricultural not forming a capital asset under the above statutory provision. It would be appreciated if the ld. CIT(A) decides all these group cases together. - Decided in favour of assessee for statistical purposes.
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