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2022 (5) TMI 43 - ITAT NAGPURSale of agricultural land to be income which arose from "An Adventure In The Nature of Trade" - HELD THAT:- We find that the assessee herein was a co–owner of an agricultural land situated at approx. eight kilometers on Wardha Road, Nagpur and as per the revenue records the said land is still agricultural land. The said land was sold by the assessee - The return of income was filed by the assessee, however, no enquiry was made by the authorities below. The other co–owner was assessee’s father Shri Ratanshi Malji Patel who was residing at Ghatkopar, Mumbai. We observe that if the Revenue have doubt over the sale of the said piece of land by the assessee, the Assessing Officer was at Nagpur and the property of the assessee was situated at Nagpur and the Assessing Officer ought to have visited the site and found the fact. In this regard, both the authorities below have failed to make any enquiry on the sale of land. Since the said plot is still vacant, it is obvious that the assessee had not derived any benefit out of the said plot. We have no other choice except to follow the aforesaid decision of the Tribunal rendered in assessee’s Father’s case [2012 (10) TMI 710 - ITAT MUMBAI] wherein the Tribunal has set aside set aside the order passed by the learned CIT(A) and restored the order of the Assessing Officer. Consequently, in view of the decision of the Tribunal rendered in assessee’s Father’s case, we uphold the impugned order passed by the learned CIT(A) by dismissing the grounds raised by the assessee.
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