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TMI Blog2021 (3) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... Addl. CIT. ORDER Per G. MANJUNATHA, AM : This appeal filed by the assessee is directed against order of learned Commissioner of Income Tax (Appeals), Coimbatore-1, dated 27.08.2019 and pertains to assessment year 2012-13. 2. The assessee has raised the following grounds of appeal:- 1. The Honb. CIT(A) has erred in law and facts by confirming the addition made by the Ld.AO under LTCG, for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and income from business, filed his return of income for the assessment year 2012-13 on 30.03.2013, declaring total income of Rs. 2,01,170/-. The case was selected for scrutiny and during the course of assessment proceedings, the AO noticed that the assessee had sold agricultural lands and arrived at a profit of Rs. 20,52,325/- and claimed exempt from tax. Therefore, in order to verify correctnes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that no evidences has been placed to prove that the land in question was agricultural land and have been used for the purpose of carrying out agricultural operation. Aggrieved by the CIT(A) order, the assessee is in appeal before us. 4. The ld.AR for the assessee, at the time of hearing submitted that the ld.AO as well as the ld.CIT(A) have erred in arriving at a conclusion that profit de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and gone through the orders of the authorities below. Whether profit derived from sale of agricultural land is taxable or not is essential question of fact, which needs to be ascertained on the basis of evidences filed by the assessee to prove that land was an agricultural land and the same was used for agricultural purpose. Although, the finding of fact recorded by the authorities below indicate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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