THOMAS CHERIAN,THANE vs. DCIT CIRCLE INTL. TXN, DCIT CIRCLE INTL. TXN

ITA 776/COCH/2023Status: DisposedITAT Cochin31 July 2025AY 2021-22Bench: SHRI INTURI RAMA RAO (Accountant Member), SHRI SONJOY SARMA (Judicial Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appellant failed to prove that the land sold was agricultural land by providing adequate evidence. Reliance was placed on a Kerala High Court judgment stating that the burden of proof lies with the assessee claiming exemption. The Tribunal also dismissed the ground challenging the DVO's valuation, as a separate remedy exists for that.

What were the facts?

The appellant, a non-resident Indian, filed a return declaring long-term capital gains from the sale of a property in Maharashtra. The Assessing Officer (AO) treated the sale consideration based on the stamp duty value, which was higher than the actual sale price. The appellant claimed the property was agricultural land and thus not a capital asset, but failed to provide sufficient evidence to substantiate this claim.

What were the issues?

Whether the property sold by the assessee was agricultural land to be exempt from capital gains tax, and whether the valuation adopted by the DVO was correct.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 50C,Section 2(14)(iii)(a),Section 2(14)(iii)(b)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(5)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM & SHRI SONJOY SARMA, JM

For Appellant: Shri Vardhaman Jain, CA
For Respondent: Smt. Veni Raj, CIT-DR
Hearing: 12.06.2025Pronounced: 31.07.2025

Per: Inturi Rama Rao, AM This appeal filed by the assessee is directed against final assessment order dated 08.09.2023 passed u/s. 143(3) r.w.s. 144C(13) of Income Tax Act, 1961 (hereinafter "the Act") for Assessment Year (AY) 2021-22. 2. Brief facts of the case are that the appellant is a non-resident Indian. The return of income for AY 2021-22 was filed on 03.09.2021 declaring long term capital gains of Rs. 2,36,26,891/-

2 Thomas Cherian and income from other sources of Rs. 66,066/-. Against the said return of income, the assessment was completed by the draft assessment order was passed u/s. 147 r.w.s. 144C was passed on 26.12.2022 at a total income of Rs. 4,88,76,382/-. While doing so, the AO made addition under

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 144C(13)

All 3,426 judgments and leading authorities on Section 144C(13) →

Recent GST High Court judgments

Search GST case law →