2012 (8) TMI 129

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... D.V. Shylendra Kumar, J. - In this appeal under Section 260A of the Income tax Act, 1961 [for short, 'the Act'] the revenue has questioned the correctness of the order of the Income Tax Appellate Tribunal, Bangalore "C Bench, Bangalore passed on 27.02.2009 in ITA/No. 1043(Bang)/2008. 2. The assessee is a Hindu undivided family and the assessment year is 2005-06. The question is as to whethe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ulation of Adakemaranahalli village within whose limits the land was located was less than 10,000 and therefore opined that the subject land cannot be considered as one coming within the definition of capital asset under Section 2(14)(iii)(a) & (b) of the Act. 5. Aggrieved by this order of the Tribunal, the present appeal by the revenue. 6. Sri. K.V. Aravind, learned standing counsel appeari....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t if it is the land located under Section 2(14)(iii)(a) & (b) of the Act, Section 2(14) (iii) (a) of the Act covers a situation where the subject agricultural land is located within the limits of municipal corporation, notified area committee, town area committee, town committee, or cantonment committee and which has a population of not less than 10,000. 10. Section 2(14)(m)(b) of the Act cover....