2022 (5) TMI 243

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....3) r.w.s. 147 of the Act on 27-12-2018. The grounds raised by the assessee read as under: - 1. The Order of the Ld. Commissioner of Income-tax (Appeals)-13, Chennai in ITA No.169/2018-19/CIT(A)-13/AY 2011-12 dated 27-02-2020 for the assessment year 2011/12 is against law, weight of evidence and probabilities of the case. 2. The Ld. Commissioner of Income-tax (Appeals)-13, Chennai is wrong in confirming the addition made by the assessing officer of Rs.1,32,89,469 under the head Capital Gains. 3. The Ld. Commissioner of Income-tax (Appeals)-13, Chennai is wrong in not accepting the submissions made and the documentary evidence produced by the appellant to establish the genuineness of his claim that the land in question is an agricultura....

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....in at Rs.132.89 Lacs as stated to be arising out of sale of certain agricultural land. 2. The Ld. AR submitted that there was mistake as to exact location of the land since there were two villages having same name i.e.,Village No.92, Eachangaranai which is located near Sri Esani Angala Parameshwari Amman Temple and Avgina and another locality with the name of Eachankaranai which is located near Bethesda IPA Church. The Ld. AR submitted that the land was situated near Avigna which is approx. 9.90 Kms. from Chengalpattu Village in comparison to second Eachankarania which is very close to Chengalpattu. The Ld. AR placed on record certificates and other documents in support of the fact that the distance was more than prescribed limit and there....

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....nd after going through the orders of lower authorities, our adjudication would be as under. 4. In the above background, during assessment proceedings, it transpired that the assessee sold certain land situated at Eachankarania Village for sale consideration of Rs.137 Lacs to an entity namely M/s Mahindra World City Developers Ltd. The sale took place through assessee's general power of attorney holder Shri Rajasekran. It came to light that the assessee received amount of Rs.128 Lacs from Shri Rajasekran. The assessee did not offer any capital gain on sale of land on the ground that it was an agricultural land. In support, the assessee submitted extract of Google map which indicated that the land was at a distance of 4.70 Km from nearest Ch....

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....late proceedings. It was also submitted that the distance as notified for Chenglepet Municipality was 5 KM as per notification No. (SO 9447) dated 06-01-1994, the copy of which was also furnished. The Ld. CIT(A) noted that the assessee furnished two Google maps showing two routes from Chengalpattu to Eachankarania, the one being 4.7 Km and other being 5.7 Km. The Ld. CIT(A) concurred that as per notification, the areas up-to 5 Kms. from the municipal limits in all directions, was to be considered. Since, as per Google map, there was a road, which showed distance of 4.7 Km, the land was capital asset and the stand of Ld. AO in computing the gains was to be upheld. Aggrieved, the assessee is in further appeal before us. 6. Upon careful cons....