TMI Blog2013 (12) TMI 1102X X X X Extracts X X X X X X X X Extracts X X X X ..... R AGARWAL AND D. KARUNAKARA RAO , JJ. For the Appellant : Manoj Kumar. For the Respondent : Ashwin S. Chhag. ORDER:- PER : D. Karunakara Rao There are two appeals under consideration and they are cross appeals. Firstly, we shall take up the Revenue's appeal which is filed against the order of the Commissioner of Income-tax (Appeals)-34, Mumbai dated March 9, 2011 for the assessment year 2007-08, where the land in question was held as agriculture in nature, when the onus is not properly discharged. 2. Briefly stated the relevant facts in this regard are that the assessee owns lands claimed to be agricultural land situated at Navagam, Taluka Lalpur, Dist. Jamnagar (Gujarat). The said lands were acquired by Reliance Proje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred by the Act and should have obtained the Government records from the Land Revenue Department for ascertaining whether the land falls within the boundaries of 8 kms from the Municipal limits or not. Accordingly, he held that the impugned land which is located outside Navagam Gram Panchayat which is located at a distance of more than 19 kms away from Jamnagar. On this account, the Commissioner of Income-tax (Appeals) granted relief to the assessee. Aggrieved with the same, Revenue filed the present appeal before the Tribunal. 4. During the proceedings before us, the learned Departmental representative relied on the order of the Assessing Officer and mentioned that the assessee failed to discharge onus relating to the agricultural nature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture land of Navagam, so far this by way of letter from the Government's Revenue Department bearing No. JJM-16-2005-2524-GH dated December 2, 2005 wrote a letter to the Collector, Jamnagar, demanding report from him so in respect of the reply of the said letter." 6. From the above, it is emphasised that the lands in question are agricultural lands of Navagam and mentioned that the said agricultural lands were acquired by the State Government of Gujarat for the purpose of establishing a Petroleum and Petrochemical Product Oriented Special Economic Zone (SEZ) in Jamnagar District. Learned counsel brought to our attention relevant Survey Nos. owned by Shri Amrutilal B. Shah i.e. S. Nos. 51 to 55, 57, 63, etc. He also brought to our notice an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion is located within 8 kms from the municipal limits of Jamnagar or not. The land in question is located beyond 8 kms of the municipal limits of the Jamnagar. It is also an undisputed fact that the land in question was located beyond 19 kms from the centre of the city of Jamnagar. On this issue alone, the definition of capital asset provided in section 2(14)(iii) is not met. There is no notification issued by the Central Government in this regard calling the same being a capital asset. Under these circumstances, the land in question is rightly held by the assessee as agricultural land. It is borne out from the records of the Revenue Department that the lands in question are described by the District Collector, Jamnagar as agricultural l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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