ITO, Dehradun vs. Smt. Meera Thapa Prop., Dehradun
In the result the appeal of the revenue is dismissed and cross objection of the assessee is allowed
ITA 191/DEL/2015[2010-11]Status: DisposedITAT Delhi10 Jul 2018AY 2010-11
Bench: Shri Amit Shukla & Shri Prashant Maharishiito, Vs. Meera Thapa Prop, Ward-1(5), M/S. Shahid Krshna Filing Dehradun Station, Mussoorie Diversion Road, Dehradun Pan: Aezpt9431K (Appellant) (Respondent)
For Appellant: NoneFor Respondent: None
Section 143(3)Section 50CSection 80I
…the instant case remained an agriculturist and therefore, transfer from an agriculturist to a non-agriculturist which was expressly prohibited under that Act was invalid. Relying on this decision the Pune Bench of ITAT in the case of Haresh V Milani vs. JCIT 111 TTJ 310 Pune held that mere fact that the land under reference was brought under an industrial zone cannot be a determining factor to say that the character of the land had changed. Furthermore, in the case of M/s Srinivasa Naicker vs. ITO 292 ITR 491 (Mad) it was held that till date of sale the agricultural operation were carried on by the assessee and…