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2021 (1) TMI 34 - AT - Income TaxNature of land sold - capital asset or agricultural land - HELD THAT:- We find that there was no representation of assessee before the assessing authority and before the CIT(A), the assessee pleaded that the land sold is agricultural land. However, the assessee has not produced any evidence before the CIT(A) to prove the exact nature of the agricultural land and also has not raised any objection as to why the sale consideration should not be adopted at ₹ 1,04,63,238/-. Since the assessee pleaded that proper opportunity was not given to the assessee and only in the interest of justice to give an opportunity to the assessee to furnish all the relevant material in support of her claim, we deem it fit and proper to set aside the order of the CIT(A) and remand the issue to the file of AO for Denovo consideration in accordance with law. Needless to mention that the assessee shall be given a fair opportunity of hearing and shall also be permitted to furnish relevant material to prove her case. Appeal of assessee is treated as allowed for statistical purposes.
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