MITHLESH SHARMA,JAIPUR vs. ITO WD 1(4), JAIPUR

ITA 1792/JPR/2025Status: DisposedITAT Jaipur16 September 2026AY 2015-167 pages
AI SummaryRemanded

What were the facts?

The assessee sold agricultural land and purchased another agricultural land. The AO made additions for capital gains and under section 56(2)(vii)(b). The CIT(A) partly allowed the appeal, deleting one addition but upholding others.

What did the Tribunal hold?

The Tribunal restored the issue of whether the land was a capital asset to the AO for fresh verification, including the Tehsildar's report and municipal records. The claim for deduction under section 54B was admitted for examination on merits.

What were the issues?

Whether the agricultural land sold was a capital asset, and whether the assessee is eligible for deduction under section 54B.

Which sections of the Income-tax Act were involved?

Section 2(14)(iii),Section 56(2)(vii)(b),Section 54B,Section 143(3),Section 250,Section 254

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, JAIPUR

Before: Shri T.R. Senthil Kumar & Shri Prakash

PER : PRAKASH, ACCOUNTANT MEMBER:-

1.

This appeal by the Assessee is directed against the order of the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Cen- tre, Delhi [hereinafter referred to as “the learned CIT(A)”] dated 18.09.2025 passed under section 250 of the Income Tax Act, 1961 (he- reinafter referred to as “the Act”), arising out of the assessment order dated 27.12.2017 passed by the Income Tax Officer, Ward 2(4), Jaipur (hereinafter referred to as “the AO”) under section 143(3) of the Act for the assessment year 2015-16. 2. There is a delay of 4 days in filing this appeal before us. The assessee has filed a condonation application supported

The order continues below.

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