DR. HISAMUDDIN PAPA,CHENNAI vs. DCIT, CORPORATE CIRCLE-2(2), CHENNAI
In the result, both the appeals filed by the assessee are allowed
ITA 786/CHNY/2022[2011-12]Status: DisposedITAT Chennai29 Mar 2023AY 2011-12
Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.786 & 787/Chny/2022 िनधा"रण वष"/Assessment Years: 2011-12 & 2012-13 Dr. Hisamuddin Papa, Vs. The Deputy Commissioner Of 424/786, Anna Salai, Mount Road, Income Tax, Nandanam, Chennai 600 035. Corporate Circle 2(2), Chennai 600 034. [Pan: Ajupp4054E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 06.02.2023 घोषणा की तारीख /Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi Both Dated 14.07.2022 Relevant To The Assessment Years 2011-12 & 2012-13. 2. Both The Appeal Filed By The Assessee Are Delayed By Three Days In Filing The Appeal, For Which, The Assessee Has Filed Petitions For Condonation Of The Delay In Support Of Affidavits, To Which; The Ld. Dr Has 2
For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 143(3)Section 148Section 2(14)(iii)
…the land sold by the assessee was an agricultural land and eligible for exemption under section 2(14)(iii) of the Act. 6.2 Moreover, the Hon’ble Jurisdictional High Court has considered similar issue in the case of PCIT v. M/s. K.P.R. Developers Ltd. [2019] 311 CTR 832 (Mad), wherein, the Hon’ble Madras High Court has held that merely because an agriculture activity could not be carried on for various reasons including natural causes, it will not cease to be an agricultural land. The relevant portions of the order are reproduced as under: “12. It is noteworthy to mention, at this juncture, that the VAO while is…