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2023 (4) TMI 132 - ITAT AHMEDABADExemption to Long Term Capital Gains as per section 2(14) - Nature of land sold - distance measured from the municipal limits - assesses claim of the impugned land qualifying as not being a capital asset in terms of section 2(14) - HELD THAT:- Assessee furnished certificate from Gandhinagar Municipal corporation stating distance of the land being more than 6 kms from it and a certificate from Gandhinagar Urban development Authority showing the distance of the said land being 9.53 kms from the municipal limits of Ahmedabad. He also furnished evidence of growing agricultural crop of Jawar on the said land, furnished Revenue record in Form No12 reflecting the said fact. No infirmity in the order of the Ld.CIT(A) upholding the AO’s rejection of the documents submitted by the assessee evidencing his land to qualify as not being a capital asset as per section 2(14) of the Act. We find that the assessee did submit distance certificates of the land both from Gandhinagar and Ahmedabad municipal limits ,issued by the Gandhinagar municipal corporation and GUDA stating the land to be at a distance of 6Kms and 9.53 Kms respectively from the two municipalities. The Ld.CIT(A) has not dealt with these certificates submitted by the assessee. The assessee also contended that the land was used for growing Sorghum (Jawar) and furnished copies of Form No.12 evidencing the fact of the land being cultivated since 2007-08. The Ld.CIT(A) has not addressed this aspect also. We find that the Ld.CIT(A) has confirmed the addition made without dealing with the contentions and evidences filed by the assessee. The issue clearly needs reconsideration. Since the matter for determination is the factual aspect of whether the land sold by the assessee fulfilled the criteria of section 2(14) of the Act to qualify as not being a capital asset, it would serve the interest of justice by restoring the issue to the AO who may determine the same by making all necessary inquiries and taking note of the evidences filed by the assessee.Appeal of the assessee is allowed for statistical purposes.
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