TMI Blog2017 (3) TMI 1946X X X X Extracts X X X X X X X X Extracts X X X X ..... converted for non-agricultural purpose by the competent authority, the conversion was sought by the assessee himself. Therefore, the intention of the assessee is manifest from the conduct of conversion of the land into non-agricultural land and the land ceased to be agricultural land. Even the character of land is shown as non-agricultural in the revenue records. Therefore, submission of the learned counsel for the assessee that the land continues to be agricultural land cannot be accepted. New claim made before CIT(A)/FAA - Deduction u/s 54F - investment made in apartment - assessee had not made any claim before the AO for grant of benefit u/s 54F and it is only before the CIT(A) that this ground was raised praying for benefit of section 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ricultural income of Rs.13,74,685/-. Against said return of income, assessment was completed u/s 143(3) of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short] vide order dated 24/01/2014, by the Deputy Commissioner of Income-tax, Circle-1, Hassan at total income of Rs.81,70,316/- after making addition of Rs.76,61,165/- on account of sale of property of 3 acres and 10 guntas located at Ankanahalli Village, Bilikeri Hobli, claimed to be agricultural land by the assessee. 3. Brief facts surrounding the addition are as under: The assessee had sold 3 acres and 10 guntas of land located at Ankanahalli Village, Bilikeri Hobli on 23/11/2010. This land was purchased by the assessee on 24/04/1986 and Mango trees were gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been treated as agricultural land. In support of this proposition, learned counsel for the assessee relied on the decision of the co-ordinate bench in the case of M.R.Seetharam in ITA No.1654/Bang/2012 dated 13/06/2014 wherein it was held that where agricultural operations were carried on the land even after conversion, the same continued to be agricultural land. 7. After hearing the rival submissions, we are of the considered opinion that it is not disputed fact that the land was situated beyond the prescribed limits of the Mysore City Corporation and also that the land was converted for non-agricultural purpose by the competent authority, the conversion was sought by the assessee himself. Therefore, the intention of the assessee is manife ..... X X X X Extracts X X X X X X X X Extracts X X X X
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