TMI Blog2019 (4) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... properties are situated. As noticed that the said VAOs were not provided for cross-examination to the assessee. A perusal of what has been extracted by the AO in respect of the VAO statements recorded clearly shows that as per the revenue records, the said lands were agricultural lands during the relevant period. The examination of the VAOs has also brought out the fact that the agricultural operations had been done on the said lands. How the AO draws the conclusion that the lands were left barren after purchase by the assessee is not coming out of the Assessment Order. It is also an admitted fact that the said lands are beyond 8 kms from the nearest Municipality. Thus, clearly, the said lands do not fall within the purview of the defin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , represented on behalf of the assessee. 3. In the assessee s appeal, the assessee raised the following grounds: 1. The order of the learned Commissioner Of Income (Appeals)-14, is wrong, illegal and opposed to facts of the instant case. 2. The learned CIT(A)- 14 erred in law in confirming the levy of capital gains tax on sale of land which is classified as agricultural land by the revenue department and as per the deed of purchase and sale made by the appellant. 3. The learned CIT(A)-14 ought to have seen that the impugned land is classified as agricultural lands as per revenue records and is located 8 kms away from the nearest municipal limits or corporation and that the appellant has also carried on agricultural activity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the agricultural operations were carried out on the said lands as has been recorded by the AO in Para No.12 of his order that certain dry crops such as Manila/Gingily, etc., had been grown prior to the acquisition by the assessee. It was a submission that the AO states that no agricultural operations had been done by the assessee. It was a submission that this is not true. The assessee had attempted various agricultural operations and when it was found that the said land could not be used for large scale agricultural operations. 31.14 acres dry and barren land had been sold by the assessee. It was a submission that even at the time of sale, the Revenue records clearly showed that the land was agricultural land. It was a submission that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the sale of the said lands as liable for short term capital gains tax. It was a submission that the Ld.CIT(A) had confirmed the order of the AO. It was a submission that the Hon ble jurisdictional High Court in the case of Ashok Kumar Rathi reported in (2018) 404 ITR 0173 (Mad) has clearly held that apart from revenue records classifying the land as agricultural land, AO accepted agricultural income declared from the said property for the AY and completed the assessment, merely because the property fetched an income only of ₹ 65,300/- during the relevant AY, it was not a ground to discredit the assessment by itself which had determined the character of the land to be agricultural land. The Ld.AR further relied upon the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ultural income. That the assessee owned more than 90 acres of land is also not disputed. A perusal of the Assessment Order clearly shows that the AO has examined the VAOs of the various villages wherein the assessee properties are situated. It is also noticed that the said VAOs were not provided for crossexamination to the assessee. A perusal of what has been extracted by the AO in respect of the VAO statements recorded clearly shows that as per the revenue records, the said lands were agricultural lands during the relevant period. The examination of the VAOs has also brought out the fact that the agricultural operations had been done on the said lands. How the AO draws the conclusion that the lands were left barren after purchase by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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