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Whether on the facts and circumstances of the case, the Tribunal was right in holding that sale of land by the assessee could not be assessed as income from business ?          ii) Whether on the facts and circumstances of the case, the Tribunal was right in holding that the lands in question sold by the company are ‘agricultural’ when it is on record and not in dispute that no agricultural activity whatsoever was carried out by the assessee from the Financial Year 2005-06 onwards ?

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Section 2(14) & 45 of the Income Tax Act, 1961 — Capital gains — Agricultural land — Tahsildar submitted Patta which shows that the lands in question are wet lands and the CIT(A) and the Tribunal have appraised the documents placed before it and given a categorical finding that the land continues to remain as an agricultural land. assessee having discharged the onus cast upon it to establish that the lands are agricultural lands, no substantial question of law arises for consideration — Principal Commissioner of income tax vs. KPR Developers P. Ltd. [2019] 311 CTR (Madras) 832

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