Premalata Soni v. NESC (2021) 283 Taxman 416/207 DTR 149/323 CTR 489 (MP)(HC)

S. 147 : Reassessment-After the expiry of four years–Capital gains-Sale of rural agricultural land-No query was raised in the original assessment proceedings as regards applicability of section. 50C of the Act-Reassessment notice was held to be valid. [S. 45, 50C, 148, Art. 226]

Dismissing the petition the Court held that the assessee had herself shown capital gain on sale of said land in question in her income tax return. No query was made during original assessment as to why assessee had shown capital gain on said land in ITR when she herself was of view that impugned land was an agricultural land and did not fall within purview of section 2(14) of the Act. No inquiry was conducted by Assessing Officer in accordance with provision of section 50C as well as undervaluation of consideration. Reassessment notice is held to be valid.  (AY. 2014-15)