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2018 (5) TMI 744 - ITAT KOLKATAAgricultural land or not - nature of land - land sold being situated far beyond 8 K.M. from local limits of any municipality - Held that:- In the instant case, the land which was sold is situated at Mouza - Gurap, J.L. No. 126 with the territorial limits of Gurap Police Station, Gram: Gurap under Additional District Sub Registrar, Dhaniyakhali, about 36K.M. from the nearest municipality situated at Chinsura, Hooghly i.e. far beyond 8 K.M from the local limits of any municipality and the fact was also confirmed by the Ld. Assessing Officer from Gram Pancha at Gurap. The assessee has filed a certificate from Gurap Panchayat dated 07.11.2014 certifying the distance and the agricultural purpose for which the lands were put into use, copy of which along with a translated version are annexed hereto and marked as Annexure: 'I' Thus as per the above definition, the land sold being situated far beyond 8 K.M. from local limits of any municipality situated at Chinsura, Hooghly is an agricultural land and outside the ambit of the definition of capital asset We hold that the land in question is an agricultural land and we uphold the order passed by the CIT(A) on the basis of the observation made herein above. - Decided against revenue.
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