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2023 (10) TMI 701 - AT - Income TaxNature of land - deduction u/s 54B denied - AO accepted the sale of agricultural land but denied to allow the claim for purchase of agricultural land with persuasion of section 54B - CIT(A) denied the assessee’s claim that the said agricultural land is non functional, so, it cannot be accepted as a nature of agricultural land, hence, the entire claim of deduction u/s 54B was duly rejected - AR placed that the assessee had purchased and sold the land which both are agricultural in nature, there is no dispute that the said land is not an agricultural land. HELD THAT:- AR vehemently claimed that the assessee submitted her affidavit before the ld. CIT(A) but the ld. CIT(A) had not confronted or rejected the affidavit. The ld. CIT(A) is silent in appeal order against the affidavit filed by the assessee to substantiate the claim related agricultural land. We respectfully relied on the order Mehta Parikh & Co, [1956 (5) TMI 4 - SUPREME COURT] wherein held no further scrutiny was made by the Income-tax Officer or the Appellate Assistant Commissioner of the entries in the cash book of the appellants. The cash book of the appellants was accepted and the entries therein were not challenged. No further documents or vouchers in relation to those entries were called for, nor was the presence of the deponents of the three affidavits considered necessary by either party. Thus it was not open to the Revenue to challenge the correctness of the cash book entries or the statements made by those deponents in their affidavits. The revenue has not acted in proper manner to verify the nature of land and had not confronted the affidavit filed by assessee. The ld. DR was unable to submit any contrary judgment against the submission of the assessee. In our considered view, the revenue has not taken any pain to complete the verification or has not confronted the affidavit of the assessee during the appeal stages. So, the ground of the assessee is accepted by the bench. We set aside the appeal order and the addition amount is quashed. Assessee appeal allowed.
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