Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 719 - AT - Income TaxAssessability of gain arising on sale of agricultural land - whether the same is exempt from tax? - measurement of distance for the purpose of deciding the character of land - Held that:- The first issue as to whether any agricultural activity is being carried out or not has been elaborately considered by the CIT(A) and he has given finding that the entries in 7/12 extract evidenced the cultivation of land and the same remained uncontroverted. The Revenue before us has also failed to controvert the finding of CIT(A) in this regard and hence, we find no merit in the ground of appeal No.1 raised by the Revenue. Vis-à-vis, the distance to be taken note of, the Hon’ble Punjab & Haryana High Court in CIT Vs. Satinder Pal Singh (2010 (1) TMI 752 - Punjab and Haryana High Court ) had held that for measurement of distance for the purpose of deciding the character of land, whether agricultural or not is to be done in terms of the approach road and not by a straight line distance or horizontal plain or as per crow’s flight. The Talat hi in the certificate has certified that the distance from municipal limits was about 13 kilometers i.e. beyond eight kilometers. Accordingly, we uphold the order of CIT(A) in holding that the gain arising from sale of agricultural land is not to be taxed in the hands of assessee. Upholding the same, we dismiss both the grounds of appeal raised by the Revenue. - Decided in favour of assessee.
|