Capital Gain in respect of sale of agriculture land

This query is : Resolved

Girish Sharma (Querist)
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03 December 2010 One of my client was having agricultural vacant land i.e. no agriculture activity conducted on the land since last 3-4 years. He sold that land and purchased another agricultural land for taking exemption u/s 54B.
On scrutiny the ITO called the information from the patwari and came to know that there was no agricultural activity and therefore denied the exemption claimed u/s 54B.
Is there any caselaw in favour of assessee to claim the said exemption u/s 54B.

Rajesh Kumar

Rajesh Kumar (Expert)
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04 December 2010 Assesing officer is right... to get Exemption under Section 54B, the land must be used for agriculture for 2 years immediately prior to the transfer.