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INCOME TAX APPELLATE TRIBUNAL (RAJKOT BENCH)
Arjun Lal Saini, Accountant Member, Dinesh Mohan Sinha, Judicial Member
Nathabhai Parsana (LR. Ganeshbhai Parsana) – Appellant
Versus
ACIT CIR-2(1) – Respondent
| Table of Content |
|---|
| 1. appeal against recharacterization of inherited land sale from capital gain to business income. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. limited scrutiny violated without permission; inherited land sale is capital gain. (Para 7 , 8 , 9 , 10) |
| 3. revenue defends assessing officer's business income classification. (Para 11) |
| 4. inherited land conversion and sale without purchase intent is capital gain, not trade. (Para 12 , 13 , 14) |
| 5. assessee's appeal allowed; additions deleted as capital gains. (Para 15 , 16) |
आदेश /ORDER
Per, Dr. Arjun Lal Saini, AM:
Captioned appeal filed by the assessee, pertaining to Assessment Year 2016-17, is directed against the order passed under section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by National Faceless Appeal Centre (NFAC), Delhi / Commissioner of Income-tax (Appeals) (in short ‘Ld. CIT(A)’), dated 23.11.2025, which in turn arises out of an assessment order passed by the Assessing Officer u/s. 143(3) of the Act on 18.12.2018.
2. Although, this appeal filed by the assessee, for assessment year 2016-17, contains multiple ground of appeals. However, at the time of hearing we have carefully perused all the grounds raise
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