TMI Blog2011 (6) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... ORGE, ACCOUNTANT MEMBER : In this appeal filed by the Revenue, its grievance is that ld. CIT(Appeals) deleted an addition of ₹ 2,54,08,298/- made by the A.O. as Long Term Capital Gain. 2. Short facts apropos are that assessee, during the relevant previous year, had sold two properties, one at Navalur Village and another at Siruseri Village. As per the assessee, land sold wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es in respect of his claim that the lands sold were agricultural in nature. Ld. CIT(Appeals) obtained a remand report from A.O. The A.O. in the remand report stated that he had deputed an Inspector for spot enquiry who had reported that no agricultural operations were done in the respective lands since 5 to 10 years. On this remand report, submission of the assessee was that agricultural activitie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... converted into plots by the buyers and this substantiated the claim of the Revenue that the lands themselves were non-agricultural nature. Reliance was placed on the decision of Hon'ble Apex Court in the case of Sarifa Bibi Md Ibrahim and Others v. CIT (204 ITR 631). As per the learned D.R., assessee had sold the lands to a construction company and there was a high-rise building in the land a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns every year including the impugned assessment year upto the date of sale of lands. The Chitta and Adangal clearly showed that the agricultural operations were being carried out in the lands. In our opinion, the A.O. went by the report of the Inspector, which was never put to the assessee and which could not be considered as an expert opinion regarding nature of land. 7. In so far as relianc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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