TMI Blog2010 (1) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue that the distance of land should be measured by the method of straight line on horizontal plane or as per crow's flight because any measurement by crow's flight is bound to ignore the urbanization which has taken place, question answered against the Revenue and in favour of the assessee - ITA No. 646 and 647 of 2009 - - - Dated:- 7-1-2010 - M.M. Kumar, Jitendra Chauhan, JJ. Rajesh Sethi, Adv. for the Appellant JUDGEMENT M.M. Kumar, J:- This order shall dispose of two appeals bearing ITA No. 646 and 647 of 2009 as the issue raised in both the appeals is the same. The Revenue has filed the instant appeals under Section 260A of the Income Tax Act,1961 (for brevity 'the Act') in respect of assessment year 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on the facts and in law, the Hon'ble ITAT was legally justified in confirming the order of CIT(A) in deleting addition made by the A.O. on account of repayment of loan to Canara Bank from unexplained sources when the assessee failed to establish any nexus between the sale of horses and the amount of repayment of loan in the Canara Bank; and (3) Whether on the facts and in law, the Hon'ble ITAT was legally justified in confirming the order of CIT(A) in deleting addition made by the A.O. on account of repayment of loan to Canara Bank from unexplained sources when the assessee failed to discharge the onus by adducing any supporting documentary evidence regarding the sources of repayment of loan before the assessing Officer?" During t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year; or (b) in any area within such distance, not being more than eight kilometers, from the local limits of any municipality or cantonment board referred to in item (a), as the Central Government may, having regard to the extent of, and scope for, urbanization of that area and other relevant considerations, specified in this behalf by notification in the Official Gazette." A perusal of the aforesaid provision shows that 'capital asset' would not include any agricultural land which is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ckoned while issuing any such notification then it would be incongruous to the argument of the Revenue that the distance of land should be measured by the method of straight line on horizontal plane or as per crow's flight because any measurement by crow's flight is bound to ignore the urbanization which has taken place. Moreover, the judgement of the Mumbai Bench appears to have attained finality. Keeping in view the principle of consistency as laid down in Radha soawami Satsang v. CIT (1992) 193 ITR 321, we are of the view that the opinion expressed by the Tribunal does not suffer from any legal infirmity warranting interference of this Court. Accordingly question No. (1) is answered against the Revenue and in favour of the assessee by up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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