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LTCG on sale of land- No exemption on failure to establish that land is agricultural
Case Law Details
- Case Name
- Shri. Rajesh. Kumar Vs JCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All ITAT, ITAT Delhi
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Shri. Rajesh. Kumar Vs JCIT (ITAT Delhi)
The issue under consideration is whether the addition made by AO by rejecting the claim of the assessee regarding the land being agricultural land and hence it is exempt is correct in Law?
In the present case, assessee earned LTCG on sale of land but not disclosed in the return of income on the plea that the same were income from sale of agricultural land which is not taxable.
ITAT states that it is a well established legal proposition that the primary onus lies on the assessee to establish that the income shown by him is not taxable or...






