TaxTMI 
TaxTMI 
2025 (1) TMI 442
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....d kamal Kant Kambooj V/s. ITO the contention of the assessee regarding claim of exemption u/s. 54B is rejected. 2. That the Learned Assessing Authority/ CIT(A) further erred by framing assessment on basis of conjectures and surmises. 3. That the Learned Assessing Authority / CIT(A) further erred by charging interest wrongly u/s. 234A and 234B of IT Act, 1961. 4. That the Learned Assessing Authority/ CIT(A) further erred by initiating penalty proceedings u/s. 271 (1)(c) of the Act. 3. The assessee has raised the additional grounds of appeal:- 5. That notice u/s. 148 viz a viz assessment made u/s. 147 of IT Act are bad in law and so assessment made is required to be quashed. In proceedings for such assessment the assessing officer has neither made any enquiry himself nor from the respective government authorities to treat such sale of agriculture land as taxable ignoring notification dated 06.01.1994 quoted by him in the reasons recorded in which reference of Daruhera of District Mahindergarh was mentioned but not Dharuhera under District Rewari. 6. That agriculture land owned by the assessee in municipality Rewari is outside the purvie....
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.... has further submitted that the case of the assessee is squarely covered of judgment of the coordinate Delhi Bench in the case ITA No 115/Del/2019 Amar Singh vs ITO. In the aforesaid judgment the coordinate bench held us under :- 14. The provisions relating to taxability of the receipts on agriculture land are as under: Section 2(14) "(14) "capital asset" means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include- (i) any stock-in-trade, consumable stores or raw materials held for the purposes of his business or profession; [(ii) personal effects, that is to say, movable property (including wearing apparel and furniture) held for personal use by the assessee or any member of his family dependent on him, but excludes- (a) jewellery; (b) archaeological collections; (c) drawings; (d) paintings; (e) sculptures; or (f) any work of art. Explanation.-For the purposes of this sub-clause, "jewellery" includes- (a) ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more ....
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....ification became available to the public; And whereas copies of the said Gazette were made available to the public on February 13, 1991; And whereas the objections and suggestions received from the public on the said draft notification have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by item (B) of clause (ii) of the proviso to sub-clause (c) of clause (1A) and item (b) of sub-clause (iii) of clause (14) of section 2 of the Income-tax Act, 1961 (43 of 1961), and in supersession of the notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue and Insurance) No. S.O. 77(E), dated February 6, 1973, the Central Government having regard to the extent of, and scope for urbanization of the areas concerned and other relevant considerations, hereby specifies the areas shown in column (4) of the schedule hereto annexed and falling outside the local limits of municipality or cantonment board, as the case may be, shown in the corresponding entry in column (3) thereof and against the State or Union Territory shown in column (2) thereof for the purposes of the above mentioned p....
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.... 18. Gharaunda (Distt. Karnal) Areas up so a distance of 2 kms. from the municipal limits in all directions. 19. Gohana (Distt. Sonepat) Areas up to a distance of 2 kms. from the municipal limits in all directions. 20. Gurgaon Areas up to a distance of 8 kms. from the municipal limits in all directions. 21. Hansi (Distt. Hissar) Areas up to a distance of 8 kms. from the municipal limits in all directions. 22. Hissar Areas up to a distance of 8 kms. from the municipal limits in all directions. 23. Hodal (Distt. Faridabad) Areas up to a distance of 5 kms. from the municipal limits in all directions. 24. Indri (DisU. Karnal) Areas up to a distance of 2 kms. from the municipal limits in all directions. 25. Jhajjar (Distt. Rohtak) Areas up to a distance of 2 kms. from the municipal limits in all directions. 26. Jind Areas up to a distance of 5 kms. from the municipal limits in all directions. 27. Julala (Distt. Jind) Areas up to a distance o....
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....tance of 8 kms. from the municipal limits in all directions. 46. Pataudi (Distt. Gurgaon) Areas up to a distance of 2 kms. from the municipal limits in all directions. 47. Pehowa (Distt. Kurukshetra) Areas up to a distance of 2 kms. from the municipal limits in all directions. 48. Padaur (Distt. Yamunanagar) Areas up to a distance of 2 kms. from the municipal limits in all directions. 49. Rewadi Areas up to a distance of 5 kms. from the municipal limits in all directions. 50. Rohtak Areas up to a distance of 8 kms. From the municipal limits in all directions. 51. Sidhaure (Distt. Ambala) Areas tip to a distance of 2 kms. from the municipal limit's in all directions. 52. Safidon (Distt. Jind) (a) Areas falling within 2 kms. on either side of safidon Jind Raod up to a distance of 5 kms. from the municipal limits on that road. (b) Areas (other than in (a) above) up to a distance of 2 kms. from the municipal limits in all directions. ....
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....al No. 12 in Column 3. 17. The land in question is undisputedly situated in the village "Garhi Alawalpur" situated in the District Rewari which is within 5 KMs of the present Municipality "Dharuhera". We find that this Municipality has not been mentioned in the said notification. The Revenue could not bring to our notice any other notification issued wherein the Municipality "Dharuhera" situated in District Rewari is mentioned for the purpose of provisions of Section 2(14) of the Income Tax Act, 1961. 18. Further, we have also gone through the details from the Government of Haryana with regard to Municipalities situated in the District Rewari and we find that the District Rewari has three Municipalities namely, Dharuhera, Bawal and Rewari as notified Municipalities as on today (Annexure-A). We have also gone through the Municipalities situated in District "Mahendragarh" (which was typed as "Mohindergarh" in the said notification) (Annexure-B). The Municipalities are Ateli, Kanina, Nangal Choudhary, Narnaul and Mahendragarh. We have also gone through the entire list of Municipal Committees/Municipal Counsel in the State of Haryana and we could not find "Daruhera" a....