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9. The assessee in order to substantiate his intention to retain the land for agricultural purposes and hence, the same was „capital asset‟ has placed on record various documents viz. revenue records i.e. 7/12 extracts, agreement to sell dated 25-03-2002, registered sale deed in the name of assessee and the registered sale deed executed by the assessee in the A.Y. 2009-10 name of the purchaser. A mutation entry in the revenue records in favour of assessee qua land was entered on 18-09-2006 i.e. after execution of registered sale deed in favour of the assessee. The 7/12 extracts available on record shows that on part of the land some cultivation activities were carried out. As per the revenue records, rice was grown on the land in question. The revenue records and sale transactions of the land indicate that the intention of assessee was to retain the land for agricultural purposes. The Revenue has not brought on record any other instance of sale transaction of the land carried out by the assessee. The entire emphasis of the Revenue is on the statement of assessee‟s brother recorded in proceedings u/s 133A of the Act. The assessee has also admitted the fact that he is engaged to real estate business on commission basis. However, this does not preclude the assessee to purchase the land and held it as capital asset. The Revenue has not furnished any document which indicates that the land was held by the assessee as stock-in-trade or before the sale of land, the assessee had developed the land for commercial purpose.