TMI Blog2021 (7) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... we direct the Assessing Officer to calculate 50% cost of improvement of the agricultural land as directed in the order of the ITAT as mentioned above. Accordingly, this ground of appeal of the assessee is partly allowed. - ITA No. 1676/Ahd/2016 - - - Dated:- 12-7-2021 - Amarjit Singh, Member (A) And Madhumita Roy, Member (J) For the Appellant : Shyam Prasad, Sr. D.R. For the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te the ground nos. 7 8 of the aforesaid appeal filed by the assessee. The ground nos. 7 and 8 of the appeal of the assessee is reproduced as under:- 7. Ld. CIT(A) erred in law in and on facts confirming disallowance made by AO of cost of improvement of ₹ 9,60,000/- indexed at ₹ 20,82,093/- computing long term capital gain on sale of agricultural land at Makarba. Ld. CIT(A) ought ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tural land at Makarba was adjudicated by the Co-ordinate Bench of the ITAT in the case of the co-owner wherein 50% of the cost of improvement of the agricultural land was allowed. The ld. Departmental Representative is fair enough not to controvert this undisputed fact that the identical issue on similar fact has been adjudicated by the Co-ordinate Bench of the ITAT as referred above. 4. Heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Laxmanbhai Patel vide ITA Nos. 1678, 1679, 1680 and 1681/Ahd/2016 dated 23-03-2018 wherein the claim of improvement expenditure was allowed to the extent of 50% of the amount. The relevant part of the decision of the Co-ordinate bench is reproduced as under:- 20. So far ground no. 5 with regard to cost of improvement of ₹ 9,60,000/- indexed at ₹ 20,82,093/- computing long term ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fully following the decision of the Co-ordinate Bench, we direct the Assessing Officer to calculate 50% cost of improvement of the agricultural land as directed in the order of the ITAT as mentioned above. Accordingly, this ground of appeal of the assessee is partly allowed. Since we have adjudicated and allowed the ground no. 7 of the assessee, therefore, ground no. 8 filed by the assessee is dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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