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Income Tax Appellate Tribunal, BANGALORE BENCHES “ C ” BENCH: BANGALORE
Before: SHRI A.K. GARODIA & SHRI PAVAN KUMAR GADALE
O R D E R
PER SHRI PAVAN KUMAR GADALE, JM :
The assessee has filed an appeal against the order of learned Commissioner of Income Tax (Appeals)-1, Bangalore passed under Section 143(3) and 250 of the Income Tax Act, 1961.
The assessee has raised the following grounds of appeal :
The Brief facts of the case are that the assessee company had purchased wet lands from agriculturist and filed the Return of Income for the Assessment Year 2012-13 on 30.9.2012 with NIL income after setting off of the brought forward losses and subsequently the case was selected for scrutiny and notice under Section 143(2) and 142(1) of the Act were issued to the assessee. In compliance the learned Authorised Representative appeared from time to time before the Assessing Officer and case was discussed. Whereas the Assessing Officer has made disallowance of capital expenditure and other claim and declined the exemption of Long Term Capital Gains (LTCG) and assessed the total income of Rs.11,90,13,348 and passed the order under Section 143(3) of the Act Dt.31.3.2015. Aggrieved by the order, the assessee filed an appeal with the CIT(Appeals). The learned Authorised Representative has raised various grounds of appeal
before the CIT(Appeals). On the issue of building a farm house, the assessee submitted that certificate was obtained by the Assessing Officer from the Tahsildar of the concerned area on 20.03.2015 and same was not provided to the assessee. The CIT(Appeals) considered the submissions of the assessee and partly allowed the appeal. Aggrieved by the order of the CIT(Appeals) the assessee has filed an appeal before the Tribunal.
4. At the time of hearing, the learned Authorised Representative argued that the learned CIT(Appeals) has erred in upholding as non-agricultural lands without appreciating that the lands are utilized for agriculture usage, and were sold and further the certificate of Tahsildar was used against the assessee was not provided and also there is no finding of the learned CIT (Appeals) on this disputed issue and prayed for allowing the appeal Contra the learned Departmental Representative supported the orders of learned CIT(Appeals).
5. We heard the rival submissions and perused the material on record. On the disputed issue, the Certificate was issued by the Tahsildar which is not disputed and same raised in the Ground NO.2 before the learned CIT (Appeals) which is as under :
On verification of fact, we found there is no proper finding on this dispute issue except the CIT (Appeals) discussed at para 5 of his order as under :