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2023 (9) TMI 672 - ITAT RAJKOTRevision u/s 263 - deduction u/s 54B - No specific enquiry with regard to the land use prior to its date of sale i.e. whether the land which was sold was used for agricultural purposes or not - HELD THAT:- Assessee was in possession of two properties, one of which was sold during the impugned year under consideration. Further, it is observed that the counsel for the assessee has contended that the assessee has shown agricultural income as is evident from the return of income for the past assessment years, however, no enquiry was made whether such agricultural income was with respect to the land which was sold by the assessee during the impugned year under consideration, against which the assessee has claimed deduction under section 54B - As observed that the assessee has not made any specific enquiry with regard to the land use prior to its date of sale i.e. whether the land which was sold was used for agricultural purposes or not. On perusal of the assessment records, it is seen that no specific details regarding the land use was submitted before the assessing officer during the course of assessment proceedings. Therefore, we are of the considered view that adequate enquiries were not made by the assessing officer during the course of assessment proceedings in respect of satisfaction of the conditions of eligibility to claim of deduction u/s 54B. Principal CIT has correctly observed that during the course of assessment, the assessee only produced copy of 7/12, which does not establish the actual use of land for agricultural purposes, so as to claim benefit of deduction u/s 54B - Accordingly, looking into the facts, we find no infirmity in the order of Principal CIT so as to call for any interference. Decided against assessee.
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