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2022 (5) TMI 336 - AT - Income TaxPenalty proceedings u/s 271(1)(c) - Nature of land sold - assessee had received sale consideration on sale of agricultural land in Dehradun andhad claimed this amount as exempt as it was sale of agricultural land but as held by Ld. AO the income derived from sale of such assets was liable to taxation and not exempt - HELD THAT:- As in the assessment order the Ld. AO has not given any conclusive finding as to if the particulars furnished before the Tax Authorities were inaccurate to the knowledge of the assessee. There were certainly disputed facts. Revenue authority registering the sale deed had not made objection to the recital that land was outside the Municipal Area. It appears that the ld. AO had to himself take assistance of the local revenue and Municipal Authorities and technical expertise and apparatus to come to a decisive conclusion that three plots sold by assessee were within six kilometers from western limits of Municipal Corporation Dehradun. No reason was mentioned by the ld. AO to discredit the submission of assessee that on advise of Patwari they had taken the Municipal Limit from Ghantaghar (Clocked hour). There is no force in the grounds of appeal raised by the revenue. Accordingly appeal of the revenue is dismissed.
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