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2017 (11) TMI 2007 - HC - Income TaxNature of land sold - agricultural land as exempted u/s 2(14)(iii)(b) - Whether land was falling within 8 kms of the municipal limit? - HELD THAT:- Whether the distance of the land in question is more than 8 kilometer on the outskirts of Jaipur city is required to be re-verified by the Tribunal taking into consideration, the notification dt. 6th January, 1994 issued by the Income Tax Department and judgment of this Court in [2017 (9) TMI 1161 - RAJASTHAN HIGH COURT]. The Tribunal will consider both the notification and judgment and if required make a request to Revenue Authority not below Deputy Collector to verify the distance from the outskirts of Jaipur to the land in question. The matter is remitted back to the Tribunal only with a view to verify the distance. 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. Prima facie we are of the opinion, the proceedings which are initiated at Calcutta pursuant to our order seems to be misconstrued by the department. We take a serious note about the notice issued by the competent authority and also the lower authority requesting the higher authority u/s 263 which is also surprising to us.
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