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2017 (4) TMI 626 - AT - Income TaxShort term capital gain on sale of land - nature of land - distance of more than 8 kilometers from the municipal area - Held that:- We noticed that the sold land was situated at village Jani Vankad, Nani Daman. We have further noticed that Jani Vankad and Nani Vankad were not the same village and both the villages were distinct from each other belonging to greater area called Nani Daman. We have also noticed that the certificate produced before the assessing officer by the asssessee from the Daman Municipal Corporation stating that above referred agriculture land situated in village Jani Vankad was at distance of more than 8 kilometers from the municipal area of Daman Municipal Council and population of village Jani vankad was less than 10,000 persons. We find that these facts and evidences were not disproved by the assessing officer and the Ld.CIT(A) made his decision on the basis that the assessing officer made analysis on the basis of information mainly pertaining to the the Sarpanch of Bhimpore Group Gram Panchayat, Bhimpore, Nani Daman stating that Jani Vankad was a revenue Village and the Moti Vankad and Nani Vankad was a villages under the said Saja(revenue circle) We find that Sarpanch of Bhimpore Group Gram Panchayat, Bhimpore, Nani Daman has not stated that jani Vankad and Nani Vankad were the same village but they stated that Jani Vankad was a revenue village and the Moti Vankad and Nani Vankad was a villages under the said Saja (revenue circle). In view of the above mentioned facts and findings, we considered that the assessing officer has not substantiated his findings with concrete evidences and made his decision on the basis of conclusion arrived on observation basis and failed to disprove the facts and evidences furnished by the assessee. Therefore, we find that the decision of the ld. CIT(A) is not justified to sustain the addition made by the assessing officer. - Decided in favour of assessee
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