2018 (10) TMI 1995

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....R explained that owing to the ill health of the Assessee the appeal could not be filed in time and pleaded for condonation of delay. After according due opportunity of hearing to the Revenue, the delay which is due to the medical reason is hereby condoned. In the case of Mrs. Tej Kaur in ITA No. 507/CHD/2017 the legal heir was brought on record. 3. Assessee has raised amended grounds in all the above appeals, since the issues raised in all the appeals are common therefore they are being disposed off by way of this common order. For dealing we shall take ITA No. 164/CHD/2017 as a lead case wherein Assessee has raised the following amended grounds: 1. That order of learned AO Ward 6(4) Mohali is erroneous both on facts and in law.....

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....in not exigible to capital gains tax. It is, therefore, most respectfully prayed that instant appeal of the appellant may kindly be accepted and impugned order dated 26-03-2015 passed by Sh. Jasbir Singh (AO), ward 6(4), SAS Nagar (Mohali) and impugned order dated 17-10-2016 passed by Sh. Bhim Singh, Commissioner of Income Tax (Appeals)-2, Chandigarh are illegal, null and void and prima-facie in-fructuous. Further prayed that sale consideration of agricultural land is agricultural income not exigible to capital gain tax and order of A.O. ward 6(4), SAS Nagar (Mohali) and CIT (Appeals)-2, Chandigarh are intra-vires the Tax laws, ultra-vires the other law time being in force and ultra-vires provisions of the Constitution which provid....

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....: 5.1 Briefly the facts on the issue are that the assessee, Sh. Bhupinder Singh had sold land measuring 19 marlas 2 sarsai (equilent to 0.119 Acres) to M/s Hamir Real Estate Pvt. Ltd. during the relevant assessment year for a consideration of Rs. 87,50,000/-. Assessing Officer made inquiries from Sub Registrar and as per the report of the Sub Registrar in the case of Smt. Tej Kaur and others, the land sold by the assessee is situated within 1 kilometer of Mohali Kharar Road and AO held that the land sold is a capital asset which is liable for capital gains. Assessing Officer accordingly computed long term capital gains at Rs. 87,36,148/- after allowing benefit of indexation to the assessee. 5.2 During appeal proceeding app....

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....s including the land sold by the appellant is situated within 1 kilometer on left side of Mohali Kharar Road and therefore AO has rightly held the agriculture land as a capital asset within the meaning of Sec. 2(14)(iii) of the Act. The appellant has not controverted the findings of AO. The long term capital gains assessed by the Assessing Officer of Rs. 87,36,148 is accordingly upheld. 7. Before us the Ld. AR filed application for admission of additional evidences. The additional evidence consists of the report of the Tehsildar, Mohali regarding the distance of land in question from National Highway 21. The Ld. DR has also been given the copies of additional evidences filed by the Assessee. Since the additional evidences were not availa....

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....9. Ld. DR relied on the orders of the lower authorities. 10. On going through the Assessment Order dt. 31/01/2014 we find that the ITO Ward 6(3) Mohali has enquired vide letter dt. 09/12/2013 from the Sub Registrar, Mohali to ascertain the following facts (excerpts from the Assessment Order): I. Whether the land is situated within Municipal Limit or not? II. Exact distance in Kilometers/Meters of this land from the National Highway No. 21(Mohali to Kharar Road) during the F.Y. 2005-06. III. Whether this land is urban or rural land ? 11. The Sub-Registrar vide report No. 6 dt. 03/01/2014 and No. 50 dt. 22/01/2014 has intimated that the land sold by Smt. Tej Kaur is Rural land and outside the Municipal limit o....