TMI Blog2014 (6) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... round that what the assessee sold was not an agricultural land, would not permit him to reopen the assessment for denying the claim on a new ground - any such exercise on his part would be a mere change of opinion as the claim which did not present any complex facts and which was virtually the sole claim made in the return filed and examined during the course of assessment proceedings, cannot now be revisited on a new ground which may have occurred to the AO - assessee had presented all facts before the AO and on the basis of the facts during the original assessment if he was of the opinion that the claim was not acceptable for any reasons, he would have expressed such opinion - to permit him to reopen the assessment to press in service a n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .1998 vide deed registration No.1556/1998 for Rs.33,385/-. The land was agricultural land as on the date of transfer i.e. 28.05.1998. 3. Thereafter the assessee started procedure to convert this agricultural land into non agricultural land and paid premium amount of Rs.16,02,480/- into Govt. account on 14.10.2008 as per order of District Collector Ahmedabad dated 30.09.2008. The said agricultural land was converted into non agricultural land vide State Govt. s order dated 10.02.2009 after following statutory / administrative procedure/formalities. 4. The said N.A.land was sold by the assessee and his co-owner for Rs.36,66,180/- vide sale deed registered at Sr.No.1159/2009 on 17.02.2009. It is further seen from the records that the cap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Only upon being satisfied about the validity of the claim, he framed assessment making no change. It is this assessment which the Assessing Officer desires to reopen on the basis that the petitioner sold the land which was converted into non-agricultural land and that therefore exemption under section 54B of the Act was not available. He submitted that such ground even otherwise lacked validity. The petitioner held agricultural land and used it for agricultural purpose right till the end it was sold. In order to sell the land to a non-agriculturist, the same had to be converted into a non-agricultural land. Such permission was granted by the Government on 10.2.2009 and the land was sold on 17.2.2009. On the other hand, learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laim, which included following: i. Please furnish the complete details of the sources for the sums invested for purchase of agricultural land along with the proof. ii. Please furnish the copy of the proof of the conversion premium paid to government. iii. Please justify the capital gains ons ale of property with reference to provisions of section 50C of Income Tax Act, 1961. iv. Please furnish detail copy of the account with Kirti Milk Bar. Also give details that the transaction with KIRTI MILK BAR is whether falls within the person cover u/s 40a(2)(b) of Income Tax Act, 1961 or not. v. The petitioner filed three replies. In his reply dated 7th February 2011 he pointed out as under: Copy of sale deed of immovable pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st L.T.C.G. 1Non Agri. Land at Chandial, Ta. Daskroi, Dist. Abad. S. No.83, B.No. 130 ( ) share28.05.9817.2.0910318502867647548 984302 Total10318502867647548 984302 * Indexed cost: 28,676 * 582/351 = 47548. By his reply dated 2nd August 2011, he clarified that he was the owner of agricultural land having share which was sold on 17.2.09 for a net consideration of Rs.20.63 lacs (rounded off) which included the sale price of Rs.36.66 (rounded off) less conversion premium of Rs.16.02 lacs (rounded off) paid to the State Government. He also pointed out that the sale deed was already on record. In his further reply dated 24th Aug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h scrutiny, the Assessing Officer did not look at the angle of denying exemption on the ground that what the assessee sold was not an agricultural land, would not permit him to reopen the assessment for denying the claim on a new ground. Any such exercise on his part would be a mere change of opinion inasmuch as having examined the claim at length, the claim which did not present any complex facts and which was virtually the sole claim made in the return filed and examined during the course of assessment proceedings, cannot now be revisited on a new ground which may have occurred to the Assessing Officer. The assessee had presented all facts before the Assessing Officer and on the basis of such facts during the original assessment if he was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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