9911796707
TMI Blog2012 (3) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... hich gives rise to taxable capital gains. 3. The ld. A.R of the assessee submitted that during the previous year relevant to assessment year 2009-10, the assessee had sold agricultural land measuring 11.96 acres situated at Morai Village, Ambattur Taluk, Tiruvallur District. The capital gain arising on this sale of land was admitted in the return filed on 31.7.2009. Thereafter, a search u/s 132 of the Act was conducted at the premises of the assessee on 27.8.2008 consequent to which the return filed by the assessee was taken for scrutiny. During the course of assessment proceedings, the assessee filed a revised return alongwtih a detailed letter dated 21.12.2010 withdrawing the capital gain admitted in the original return. He submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uted an Inspector according to whom, the distance between the Avadi limits and the land was only 6 kms. The Inspector reported that at the time of inspection of the property, the land was barren and no cultivation was noticed either in the land or in its vicinity. Based on this report of the Inspector, the Assessing Officer held that the capital gain was exigible. The ld. A.R further submitted that the Inspector had visited the land alongwith the representative of the assessee, Smt.Noorjahan. The distance was measured by travelling in a car and noting the distance by means of the odometer of the car. It was submitted that the representative of the assessee had travelled to the land using the camp road which is not a public road, but owned b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... controverted by the Assessing Officer. Therefore, the action of the Assessing Officer in rejecting the claim purely on the basis of Inspector's report and disregarding the evidences from the local officials without bringing any other evidences or materials to disprove the claim was not in accordance with law. 4. On the other hand, the ld. CIT/DR supported the order of the Assessing Officer. 5. After considering the rival submissions and perusing the orders of the lower authorities and materials available on record, we find that the Assessing Officer has considered the impugned land as a capital asset liable to capital gains tax on the ground that the plot of land was situated beyond the notified limit of 8 kms from the nearest Avadi Muni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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