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TMI Blog2020 (2) TMI 650X X X X Extracts X X X X X X X X Extracts X X X X ..... gricultural land at Village Khadand, Mangaon, Dist. Raigad, by taking sale consideration in the hands of the appellant at Rs. 16,00,000/-, not appreciating that the said land was "agricultural land" covered by the exception contained in section 2(14)(iii) of the I.T. Act 1961, and accordingly the gains arising on sale thereof did not lead to any income liable to tax in the hands of the appellant. 2. The appellant craves leave to add, alter, amend and/or vary the grounds of appeal at any time before the decision of the appeal." 2. The brief facts in this case are that the Assessing Officer made addition of Rs. 80,00,000/- on sale of agricultural land under the head 'capital gains'. That before the Ld. CIT(Appeals) it was contended by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was engaged in utilizing the concerned land for raising agricultural produce, were also filed. It was submitted that the above evidences could not be produced before the Assessing Officer for bona fide reasons and therefore the same may kindly be admitted u/r. 46A of the Income Tax Rules. 3. The Ld. CIT(Appeals), thereafter, called for remand report vide letter dated 20.11.2015. The assessee prima-facie challenged the impugned addition on account of capital gain primarily on the ground of land being agricultural in nature. Therefore, it was brought to the notice of the Assessing Officer that he should depute his Inspector to ascertain the distance of land in question from Mahad Municipal Corporation or Roha Municipality. He was also di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost of acquisition on proportionate basis (one fifth share) to the assessee as the land in question was purchased on 09.01.1989 for purchase consideration of Rs. 30,000/-. Thus, this ground of appeal was partly allowed by the Ld. CIT(Appeals). 4. We have perused the case records and given considerable thought to the findings of the Ld. CIT(Appeals). We find that the assessee submitted documents in the form of additional evidences i.e. certificate from local Talati (Land Revenue Officer) dated 08.05.2015 confirming that the said land was agricultural land and was put to use for agricultural crops along with affidavit dated 11.05.2015 from Shri Amod Saple confirming that he was engaged in utilizing the concerned land for raising agricultural ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affidavit of the person doing agricultural activities on that land. 5. We find in the case of Shri Govind Gangadhar Sabane Vs. ITO, Ward-1(4), Parbani, in ITA No.1654/PUN/2016 for assessment year 2009-10, it had been held that when the Inspector has visited the site and has given a detailed report then without negating this report, the Revenue Authorities cannot simply reject the claim of the assessee which is not valid in law and we had allowed the issue in favour of the assessee. In the present case before us, the Inspector's report categorically suggested that agricultural produce were grown on the said land, there was a canal from which irrigation was done on the said land. Even the certificate obtained from local Talati specifies t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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