VASUDEV,DHAR vs. ITO DHAR, DHAR

ITA 767/IND/2025Status: DisposedITAT Indore30 June 2026AY 2012-1319 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee failed to provide crucial documents like the sale agreement and diversion orders to the AO and CIT(A). Therefore, the matter was remanded back to the AO for fresh adjudication.

What were the facts?

The assessee sold agricultural land in FY 2011-12. The Assessing Officer (AO) treated the sale agreement date as the transfer date and taxed the gain, disallowing exemption claims. The CIT(A) dismissed the assessee's appeal.

What were the issues?

Whether the sale agreement constitutes a transfer for capital gains purposes and whether the assessee is eligible for exemption under Section 54B, given the lack of complete documentation.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 148,Section 142(1),Section 2(14),Section 53A,Section 246A,Section 54B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: DR.ARJUN LAL SAINI & SHRI PARESH M. JOSHI

Hearing: 11.06.2026Pronounced: 30.06.2026

Per Paresh M. Joshi, JM:

This is an Appeal filed by the Assessee for the Assessment

Year 2012-13 under section 250 of the income tax Act 1961,[

herein after referred to as the Act for the sake of brevity]

before this tribunal as & by way of a second Appeal. The Assessee is aggrieved by the order bearing Number :-ITBA/

NFAC /S / 250 /2023-24/ 1058557647 (1) dated 07.12.2023

passed by the Ld. CIT(A) u/s 250 of the Act [National

VASUDEV ITA No. 767/Ind/2025 AY-2012-13 Faceless Appeal Centre (NFAC)], which is hereinafter

referred as the “Impugned order”. The Relevant Assessment

Year is 2012-13 and the corresponding Previous Period is from 01/04/2011 to 31/03/2012. 2. FACTUAL MATRIX

2.

1) That as and by way of an Asses

The order continues below.

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