2013 (12) TMI 1709

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....at the land sold by the assessee was not within the meaning of sub-clauses (b) and (a) of clause (iii) of sub-section (14) to section 2 of the Income Tax Act, when the said land was in fact within 2.5 Km of Rajarhat Municipality'. 2. In this case, during the F.Y. 2006-07 the appellant sold certain plots of lands situated in Village - Kalaberia, P.S. &, P.O. Rajarhat, District 24-Parganas (North) for a consideration of Rs. 78,30,733/-. The land in question was inherited by the appellant from his forefathers. In the Return of Income filed for A.Y. 2007-08 no capital gains realized on sale of land was disclosed. on the plea that the lands in question were agricultural in nature and therefore did not fall within the definition of "capital as....

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.... Notification No. 11186 dated 28.12.1999 clearly clarifies that agricultural land situation in rural areas, outside the Municipality or cantonment board etc, having a population of not less than 10,000 and also beyond the distance notified by Central Government from local limits, i.e. the outer limits of any such municipality or cantonment board etc. still continues to be excluded from the definition of capital asset . Accordingly, ln view of sub-clause (b) of section 2(14) (iii) of the Act even under the amended definition of expression 'capital asset', the agricultural land situated in the rural areas continues to be excluded from that definition. And as in the present case, admittedly, the agricultural land of the assessee is out side th....