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2021 (9) TMI 34 - ITAT CHENNAIRectification u/s 254 - nature of land whether agricultural land or not - Addition in respect of distance of land from the nearest municipality which constitutes mistake apparent on record which can be rectified u/s.254(2) - HELD THAT:- After hearing both sides set aside appeal to the file of the AO to ascertain fact with regard to nature of land when it was sold. This means, while deciding the issue the AO has to consider distance of land from nearest municipality, which is crucial to decide whether particular land is agricultural land or urban land which comes within the definition of capital asset as defined u/s.2(14) of the Income Tax Act, 1961 - to ascertain nature of land whether agricultural land or not primary document is to be chitta or addangal. Once there is a clear direction from the Tribunal to the Assessing Officer to ascertain nature of land which covers all the aspects including verification of chitta /addangal and to ascertain distance from nearest municipality. Since both the aspects are covered in the direction of the Tribunal, we are of the considered view that there is no error in the findings recorded by the Tribunal which can be rectified u/s.254(2) - Miscellaneous application filed by the assessee is dismissed.
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