The assessee sold agricultural land and claimed the sale consideration was exempt from tax as the property was used for agricultural purposes. The assessee contended that the 7/12 extract (land revenue record) indicated agricultural use. The Assessing Officer, CIT(A), and the Income‑tax Appellate Tribunal, however, recorded concurrent findings that the land was not used for any agricultural purpose and the sale proceeds were taxable. The Court held that self‑serving ledger entries alone cannot prove agricultural use. On facts, the property was sold before any agricultural activity began. The assessee also failed to file an affidavit under Rule 10 of the ITAT Rules pointing out errors or misreading of evidence by the lower authorities. Accordingly, the High Court held there was no substantial question of law and affirmed the Tribunal’s order. SLP of assessee dismissed. (AY. 2011-12)
Prashant Jaipal Reddy v. ITO (2025) 306 Taxman 168 /481 ITR 555 (SC) Editorial : Prashant Jaipal Reddy v. ITO (2025) 304 Taxman 39 (Bom)(HC) www.itatonline.org
S. 2(14)(iii) : Capital asset-Agricultural land-Land not used for agricultural purposes-Self serving ledger entries-Property sold before starting agricultural activity-Failure to file affidavit under Rule 10 of the Income tax (Appellate Tribunal) Rules, 1963-High Court affirmed the order of Tribunal-SLP dismissed. [S. 45, Art. 136]
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