Pujala Mahesh Babu v.Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)

S.68 :Cash credits-Search and seizure-Failure to explain receipts-Declaring the receipts to be sale of agriculture land-Cannot be treated as unexplained-Sum to be treated as capital gains and indexation to be allowed-Matter remanded.[S. 45, 48 55]

Held, the assessee having claimed as exempt on account of sale of agricultural land, the assessee’s contention that it could not be treated as unexplained cash receipts, was tenable. The alternate contention of the assessee was that it could be treated as capital gains and due indexation benefit be allowed. Therefore, the matter was to be restored to the Assessing Officer with a direction to consider the receipt as sale proceeds of a capital asset and allow consequential indexation benefit and determine the long-term capital gains after verifying the details and giving the assessee due opportunity. (AY. 2012-13 to 2015-16).