2019 (12) TMI 1620

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....appeal of the assessee in ITA No. 927/JP/2012 and cross appeal of the revenue in ITA No. 84/JP/2013. The appeal of the assessee was allowed and the appeal of the revenue was dismissed by the Tribunal. The revenue challenged the said composite order of the Tribunal before the Hon'ble jurisdictional High Court. The Hon'ble High Court vide judgment dated 08.11.2017 disposed off the appeal of the revenue in DBIT Appeal No. 28/2014. The question of law as framed by the Hon'ble High Court have been reproduced in para 2 of the judgment as under :- "(i) Whether in the facts and circumstances of the case the Tribunal was justified in reversing the finding of Assessing Officer as well as CIT (A) and holding the agricultural land as exempted ....

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....tter is remitted back to the Tribunal only with a view to verify the distance. 6. It is made clear that we have not expressed any opinion on merits and it will be open for the Tribunal to reconsider the same and take an independent view after taking into account the new facts after verification and it will not being influenced by the decision of this Court." Thus the Hon'ble High Court has remanded the matter on the point of considering the distance of land in question from the Municipal limits of Jaipur City in accordance with the Notification dated 6th January, 1994. Consequently these appeals were placed before this Tribunal for hearing and adjudication in terms of the directions of the Hon'ble High Court vide judgment dated ....

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.... to Quality Resorts & Hospitality Ltd., Mumbai which has resulted short term capital gain and hence when the land was sold for non agricultural purposes, then it is otherwise no more an agricultural land. In support of his contention, he has relied upon the decision of this Tribunal in case of Rakesh Garg vs. ITO, 98 taxmann.com 360 (Jaipur Trib.). Thus the ld. D/R has submitted that the land is otherwise not an agricultural land irrespective of the distance from the Municipal limits. He has also pointed out that even otherwise the distance has to be measured from the Municipal limits to the area in which the land in question is situated and not the distance from the Municipal limits to the particular piece of land. 4. We have considered....