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2019 (2) TMI 647 - HC - Income TaxNature of land sold - whether the land which was sold by the assessee was an agricultural land or not? - Held that:- We need not labour much to answer the question since the first Appellate authority viz., the CIT (A) as well as the Tribunal have made a thorough factual exercise and found that the land sold by the assessee was sold as an agricultural land. More importantly, the CIT (A) called for a remand report from the AO as to the distance between the property in question and the outer limit of the notified municipality. AO conducted inspection of the property in the presence of revenue officials and submitted a remand report, in which, it has been categorically stated that the land is situated at a distance of more than 8 kms away from the outer limits of St.Thomas Mount Cantonment Board. The remand report was taken into consideration by the CIT (A) as one of the factors for allowing the appeal filed by the assessee. CIT (A) also referred to the certificate issued by the Tahsildar and one of the important entry in the said certificate is by stating that the lands are classified as agricultural lands. Though the certificate may state that there is no cultivation carried on the lands as per the land records, there is nothing on record to show that the land in question was put to use for any non-agricultural purposes. Apart from that the assessee has also paid taxes which has been recorded by the CIT(A). - Decided against revenue.
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