2017 (3) TMI 1892

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....ed against the order dated 31st January 2011, passed by the learned Commissioner (Appeals)-19, Mumbai, confirming the additions made by the Assessing Officer of the amount received from sale of agricultural land under the head "capital gain". 3. Brief facts are, the assessee an individual filed her return of income on 29th March 2007, declaring total income of Rs. 1,23,142. During the assessment proceedings, the Assessing Officer from the information available on record, noticed that though in the relevant previous year assessee has sold two agricultural lands one at Village Kon, Taluka Panvel, District Raigarh and the other one at Village Vadoli, Taluka Panvel, District Raigarh, however, she has not offered any capital gain claiming tha....

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....tance should not be measured aerially but by shortest road distance. He submitted, the Board has clarified that the aerial measurement method would apply only from assessment year 2014-15 onwards. The learned Authorised Representative submitted, as per the letter of the Divisional Engineer, PWD, Panvel, dated 2nd February 2016, who is the competent authority to certify the distance, Village Vadoli is situated 11 kms away from the Panvel Municipal Council. Similarly, Village Kon is situated 5 kms away from Panvel Municipal Council. He, therefore, submitted, as per the measurement of the competent authority, the agricultural land at Vardoli Village cannot be treated as capital asset as per section 2(14)(iii) of the Act. He, therefore, submitt....

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....arby municipality, MMRDA in letter dated 19th May 2015, had stated that to clarify the exact distance, he may approach the competent authority. We have further noted that the sub-divisional engineer, PWD, Panvel, vide letter dated 2nd December 2016 and 5th February 2016, who according to the assessee is the competent authority has stated that Vardoli Village is situated at a distance of 11 kms. from Panvel Municipality and Village Kon is situated at a distance of 5 kms. from Panvel Municipality Council. It is stated that the aforesaid distance measured by the competent authority is by the method of shortest road distance. On a reading of section 2(14)(iii) of the Act, we have noted that the distance as per sub-clause (b) is to be measured a....