DEVANAND ROOPCHAND THALE,BHIWANDI vs. ITO WD 1(1), KALYAN

The Assessee in its appeal challenged the order of the Ld.CIT(Appeals) in sustaining the impugned addition treating the gain on sale of agricultural land as short term capital gain and sustaining the addition towards unproved sundry creditors.

Inspite of issue of notice, none appeared on behalf of the Assessee nor any adjournment petition is moved. Therefore we hear the Ld. DR and dispose off the appeal on merits.

The Ld. DR submits that the Assessing Officer while completing the assessment required the Assessee to prove that the land sold by the Assessee is agricultural land. The Assessee before the Assessing Officer produced a certificate from the Gram Panchayat Kalher stating that the land is situated 8 km from boundary of Bhiwandi Nizampura City Municipal Corporation and population of the said Kalher gaon is not more than 10000. The Ld. DR submits that to verify the correctness of the submission, Assessing Officer issued letter to the officer-in-charge, Town Planning Department, Bhiwandi and in reply, the Town Planning Department Bhiwandi issued a letter stating that the land in question is within the 8 km of local limits of municipal corporation. Therefore, the Assessing Officer treated that the land in question sold by the Assessee is not agricultural land and computed the short term capital gain on such sale which the Ld.CIT(Appeals) sustained.

None appeared before us and the findings of the lower authorities have not been controverted by submitting evidences. In these circumstances, the decisions taken by the lower authorities are confirmed.

In the result, appeal of the Assessee is dismissed.