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2017 (11) TMI 854 - AT - Income TaxDeduction u/s 54B - claim denied on the ground that no agriculture activities were conducted on Khasra No.890 & 886 in two preceding years prior to the date of sale - Held that:- There is no evidence in support of the contentions raised in the submissions by the ld AR. It is admitted fact that there was no agriculture activity on these lands in the two preceding years from the sale of the land. Therefore, have no alternate but to confirm the findings recorded by the ld. CIT(A) on this issue. Ground No. 1 of both these appeals stand dismissed. Sale consideration lower than the stamp duty valuation - additions made U/s 50C - Held that:- There is no choice with the Assessing Officer but to adopt the value U/s 50C of the Act as provided in the law. The law provides that if the assessee claims that the value adopted/assessed by the Stamp Valuation Authority under sub-Section (1) of Section 50C exceeds the fair market value of property as on the date of transfer then the Assessing Officer may refer the valuation of the capital asset to the Valuation Officer. The assessee has not sought relief under this provision of the law. Therefore, have no alternative but to confirm the findings recorded by the ld. CIT(A) while dismissing this ground of appeal. However, in the case of Surendra Singh, it was claimed that the Stamp Duty Authority has determined the value at ₹ 25,29,641/- while the Assessing Officer has taken it at ₹ 26,02,211/-. The relief shall be granted to that extent, which is apparently a mistake in adopting the value. Disallowing claim of Dalali payment and the fencing expenses incurred - Held that:- Admittedly, the assessee has not produced any evidence before the authorities below in support of the claim of payment of Dalali as well as claim of expenditure incurred on fencing. No expenditure can be allowed without any supporting documents. Therefore CIT(A) has rightly sustained the addition of disallowing the expenditure in the form of payment of Dalali and making of fencings in both these cases.
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