M/S. AERENS DEVELOPERS AND ENGINEERS LTD.,NEW DELHI vs. ACIT, NEW DELHI
Appeals are allowed
ITA 5054/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Aug 2016AY 2007-08
Bench: Shri I.C. Sudhir & Shri J.S. Reddy Assessment Yea: 2007-08 Aerens Developers & Engineers Ltd., Vs. Acit, 6Th Floor, Mohindra Tower, Central Circel-8, 2A-Bhikaji Cama Place, New Delhi. New Delhi. (Pan: Aaaca2199R) (Appellant) (Respondent) Assessment Yea: 2007-08 Aerens R. Infra-Structure Ltd., Vs. Acit, 6Th Floor, Mohindra Tower, Central Circel-8, 2A-Bhikaji Cama Place, New Delhi. New Delhi. (Pan: Aaaca2199R) (Appellant) (Respondent) Assessee By: Shri P.C. Yadav, Adv. Department By: Shri R.K. Garg, Dr Date Of Hearing : 19.05.2016 Date Of Pronouncement: 12 :08.2016 Order Per I.C. Sudhir:The Assessees Have Questioned The First Appellate Order On The Following Common Grounds Of Appeals: The Order Of Learned Cit(Appeals) Is Bad In Law & On Facts. 1. On The Facts & In The Circumstances Of The Case, The Learned Cit(Appeals) Has Erred In Taxing The Compensation Of Rs. 1 Crore As Revenue Receipt Ignoring The Various Judicial Pronouncements & Submissions Of The Assessee. 2. On The Facts & In The Circumstances Of The Case, The Learned Cit(Appeals) Has Wrongly Rejected The Additional Evidence, I The Shape Of Fard Of Land & Resolution Of The Company, Produced By The As Per The Provision Of Rule 46A.
For Appellant: Shri P.C. Yadav, AdvFor Respondent: Shri R.K. Garg, DR
…hout establishing and proving that the land was put into use for non-agricultural purposes does not and cannot convert the agricultural land into non-agricultural land” 7. Similarly the Pune Bench of the ITAT in the case of lavleen Singhal Vs DCIT reported in 111 TTJ 326 has held that merely because a land is not cultivated since last 14 years that does not mean that it has losses its character of agricultural land. Copy of the judgment is annexed with this synopsis- 8. It is next submitted that the assessee further seeks to rely on the judgment of Delhi Bench of the ITAT in the case of Chand Prabha 13 Jain cop…