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2023 (2) TMI 83 - AT - Income TaxExemption u/s 54B - case of the assessee is that the assessee has inherited a piece of land and the same was sold in which assessee’s share of sale consideration and the assessee has claimed exemption u/s 54B on the ground that the land was used for agricultural purposes for many years - AO concluded that the property sold by the assessee was not an agricultural land and no agricultural activity was carried on the said land - HELD THAT:- The piece of land sold by the assessee is within the purview of Coastal Regulation Zone [CRZ] adjoining to sea. The case of the assessee is that he has carried agricultural operation. Except adangal, there was no evidence bought on record that the assessee carried agricultural operations. The adangal filed by the assessee shows that there were few coconut trees. Simply because, there are coconut trees, it does not mean that the assessee carried agricultural operation, particularly, when the assessee has not reported any agricultural income. Apart from that, the said extent of land was just adjacent to the sea not useful for any agricultural purposes, whereas, the assessee’s statement is that he has carried agricultural operation. To carry agricultural operation water is very much required and sea water is not useful for carrying any agricultural activities or to raise any agricultural crop - we are of the considered opinion that the assessee has not carried any agricultural activities and thus, we find no infirmity in the orders of authorities below and accordingly, the appellate order passed by the CIT(A) is confirmed. Various case law relied on by the assessee have no application to the facts of the case. Appeal filed by the assessee is dismissed.
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