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2019 (7) TMI 1363 - ITAT JAIPURReassessment u/s 147 r.w.s. 144 - proof of valid service of notice u/s 148 - HELD THAT:- We find that the contention of the assessee is contrary to the record and further once the AO has issued a notice u/s 148 dated 29.12.2009 which is also established from the Despatch Register filed before us, then the dispute of the service of the same will not render the assessment proceedings null and void. The notice u/s 148 was duly issued by the AO and it was also attempted to serve on the assessee at the given address. The address is not disputed though the assessee has claimed to have shifted from the said address. However, all subsequent notices issued by the AO even one dated 01.12.2010 was received by the assessee in person issued at the same address, then the notice issued at the correct address with the report of the process server in the light of the subsequent notice issued at the same address received by the assessee would be deemed to be a proper service of the notice issued u/s 148 . Accordingly, we do not find any error or irregularity in the impugned order of the ld. CIT (A) qua this issue. Exemption u/s 54F and 54B - assessee claimed to have purchased land on 23rd September, 2009 through an agreement to sale with alleged agreement to sale is unregistered and the payment is also claimed to have been made in cash - HELD THAT:- Though the agreement to sale which has finally culminated in sale deed is relevant only for the purpose of the date of investment, but the alleged agreement to sale itself is not a title document transferring the ownership of land. Therefore, in the absence of subsequent sale deed, the claim of deduction u/s 54B and 54F cannot be allowed based on such unregistered agreement to sale. The assessee has failed to prove that he has acquired the new asset within the prescribed period after the sale of the existing asset. Further the purchase of agricultural land through agreement to sale dated 23rd September, 2009 clearly shows that the assessee has managed that agreement only a day before the expiry of the period. However, when there is no subsequent sale deed, then the unregistered agreement will not transfer any title to the assessee of the agricultural land. Accordingly we do not find any merit or substance in the claim of deduction u/s 54B and 54F. - Decided against assessee
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