TaxTMI 
TaxTMI 
2016 (3) TMI 362
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....mission, Jaipur that the agricultural land is situated at 7.78 Kms. from the Muncipal Limit. (iii) Whether on the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals) has erred in allowing relief to the assessee by following the decision of the Hon'ble Punjab and Haryana High Court in the case of CIT Vs. Satinder Pal Singh (229 CTR 82) without appreciating the facts of the case. 2. (i) Whether on the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals) was justified in holding that the municipal limits existing on the date of issue of Notification No.9447 dated 06.01.1994 u/s. 2(14)(iii)(b) should be considered for the purpose of determination of agricultural land instead of the municipal limits existing on the date of sale/transfer. (ii) Whether on the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals) was justified in holding that agriculture land sold by the assessee is not a capital asset us/. 2(14)(iii)(b) as it was situated beyond 8 Kms. from the municipal limits on the date of issue of Notification No. 9447 dated 06.01.1994. (iii) Whether on the facts and in the circ....
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....t the straight line distance of the said land from the last point of the Jaipur Municipal Corporation. After ensuring that the said land was within the distance of eight Kms from the limits of Jaipur Municipal Corporation a reference was also sent to the Settlement Commissioner, Jaipur for providing actual measurement of distance of the land from Jaipur Golden Petrol Pump. The Additional Commissioner, Settlement Commission, Jaipur vide his letter No. 257 dated 01/2/2013 had informed that the point to point distance of the impugned land from Jaipur Golden Petrol Pump is 7.78 Kms. The distance between the impugned land and the Jaipur Golden Petrol Pump had been measured scientifically using imagery and geo stationary references. The ld Assessing Officer again gave the show cause notice on short term capital gain. The assessee again replied vide letter dated 27/2/2013, which has been reproduced by the Assessing Officer on page Nos. 4 to 6 of the assessment order. After considering the assessee's reply, it has been held that Nagar Nigam as well as the Tehsildar and the AEN PWD had given the distance from Jaipur Golden Petrol Pump to the impugned land by road. The assessee relied on var....
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.... the AO. Appellant submitted several judicial decisions supporting its contention. (2) The settlement commissioner has taken present municipal limit whereas municipal limit has expanded over a period of time. Considering the entire submissions and documents relied upon by both sides, this issue can be divided in two parts- (1) while computing distance from municipal limit, which distance- air distance or road distance to be considered. (2) Which municipal limit should be considered for computing distance from agriculture land- municipal limit on the date of sale or municipal limit on the date of issue of the notification by the government or municipal limit as on date? As regards the first part of the issue, appellant submitted decision of honourable Punjab and Haryana High Court in which it is clearly held that it is the road distance from municipal limit and not air distance to be considered. Several tribunal decisions have also upheld this view. There is no judicial decision contrary to this view. Even if Department has not accepted these decisions, these are binding on the appellate authorities. To remove this controversy, there is an amendment in the act with....
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....e said draft notification have been considered by the Central Government; Now, therefore, In exercise of the powers conferred by item (B) of clause (ii) of the proviso to sub-clause (c) of clause (1A) and item (b) of sub-clause (iii) of clause (14) of section 2 of the Income-tax Act, 1961 (43 of 1961), and in supersession of the notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue and Insurance) No. S.O. 77(E), dated February 6, 1973, the Central Government having regard to the extent of, and scope for urbanisation of the areas concerned and other relevant considerations, hereby specifies the areas shown in column (4) of the schedule hereto annexed and falling outside the local limits of municipality or cantonment board, as the case may be, shown in the corresponding entry in column (3) thereof and against the State or Union Territory shown in column (2) thereof for the purposes of the above mentioned provision of the Income-tax Act, 1961 (43 of 1961). SCHEDULE Rajasthan Jaipur Areas up to a distance of 8 Kms from the municipal limits in all directions Expln 1(2) - the reference to municipal limi....
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....et, the ld AR of the assessee has reiterated the arguments made before the ld CIT(A) and further submitted that the impugned land is beyond 8 kms of the municipal limit and the proper way to measure the distance is by road, not straight line method or crow flight method, for which he relied various decisions particularly the decision of Hon'ble ITAT, Indore Bench in case of ITO Vs. Ashok Shukla ITA No. 207/Ind/2012 order dated 31st August, 2012 and other various case laws, which is as under:- (i) Laukik Developers Vs Dy.CIT (2007) 105 ITD 657 (Mum). (ii) Manglam Inorganics (P) Ltd. Vs Asst.CIT (IT appeal Nos. 622 and 622A (PN) of 2001) (iii) Sanjay Nagorao Paidlewar & Nitish Rameshchandra Chordia Vs. ACIT ITA 112 & 113/Nag/2012 decided on 22/3/2013. (iv) Shri Prakash Laxminarayan Vs. ACIT ITA No. 164/Nag/2012. (v) Shri Mainraj Vs. ACIT 1371/Mds/2011 (Mad-Trib) (vi) ACIT Vs Gaurav Khandelwal 194/Agra/2010 (Agra-Trib). (vii) Khacheru Singh Vs ITO IT Appeal No. 2953 (Delhi) of 2009 dated 30/11/2009. 5. We have heard the rival contentions of both the parties and perused the material available on the record. It is held by the vari....
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....here was a credit in the Bank of Rajasthan of Rs. 3,00,000 on 22/06/2009. The sale consideration of Rs. 82,25,777/- was received by the assessee on 12/06/2009 in her account with Bank of Baroda. The first withdrawal made by her from this account post receipt of the sale proceeds was on 13/7/2009 of Rs. 4,00,000/-. Thus the deposits made thereafter could be linked with the withdrawal of Rs. 3,00,000/-. And of Rs. 4,00,000/- made on 13/7/2009 from Bank of Baroda. She further held that the assessee had utterly failed to explain the cash deposit at Rs. 3,78,000/-, accordingly, he made addition U/s 68 of the Act. 7. Being aggrieved by the order of the Assessing Officer, the assessee carried the matter before the ld CIT(A), who had allowed the appeal partly by observing as under: "4.3 I have considered the facts of the case; assessment order and appellant's written submission. Assessing officer made addition of Rs. 3,78,000 on account of unexplained cash deposits in the bank account. Appellant submitted that the source of cash deposit is from the income from business activity and opening cash balance. Assessing officer found that there were no books of accounts of the alleged....