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2019 (8) TMI 733

..... ted for the reason that Section 2(14)(iii)(b) contemplates calculating distance of the land in question from the nearest municipality. Merely because Villukury Village falls within Padmanabhapuram Division, it does not mean that Padmanabhapuram Municipality will have to be taken as the jurisdictional municipality for the purpose of computing the distance. The expression used is “any municipality”. Of course, as rightly contended by the writ petitioner's counsel, we will have to take note of the qualifying expression namely “as referred to in item (a)”. It only means that the municipality from which the distance is calculated should have a population of not less than 10 thousand and that it should be a municipalit .....

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..... (14) of the Act as the lands are within 6 kms from the Municipality limit of Nagercoil Municipality and the population of Villukury town Panchayat is 12,355 which is above the limit of 10,000. The total income was quantified at ₹ 1,90,85,328/- and the long term capital gain was quantified at ₹ 1,78,20,328/-. Challenging the same, this writ petition has been filed. 2.The respondent has filed a counter affidavit in which it has been contended that the authority was justified in taking the distance of the lands in question from Nagercoil Municipality. It has also been contended that the writ petition is not maintainable since the writ petitioner had not filed any appeal before the Commissioner of Income Tax Appeals, Madurai. The re .....

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..... 4) 50 Taxmann.com 39, (2010) 188 Taxman 54 (Punjab & Haryana), (2010) 195 Taxman 420 (Punjab & Haryana), (2015) 53 Taxmann.com 62 (Madras), (2016) 73 Taxmann.com 156 (Madras), (2011) 12 Taxmann.com 305 (Chennai), (2016) 73 Taxmann.com 305 (Chennai), (2009) 29 SOT 394 (Amristar), (1995) 211 ITR 897 (Mad) and (2010) 39 SOT 350 (Hyd). 5.I carefully considered the rival contentions. It is not in dispute that the lands in question were purchased by the writ petitioner in the year 2006 and 2008 and were sold by him on 19.06.2014. Section 2(14) of the Income Tax Act, 1961 was amended on 01.04.2014. Post amendment, the relevant portion of the provision would read as under : Section 2 (14) : - capital asset means- (a)property of any kind hel .....

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..... hed before the first day of the previous year; 6.We have to go only by the amended provision. Admittedly, the lands in question are located in a town panchayat and not in a Municipality. Therefore, it would not fall under Section 2(14)(iii)(a) of the Income Tax Act. Now, what is to be seen is whether it would fall within one of the three categories referred to in Section 2(14)(iii) (b) of the Act. The stand of the revenue is that admittedly Villukury Village is a village at a distance of less than 6.00 kms from the local limits of Nagercoil Municipality. Going by the 2011 census figures Nagercoil has a population of 2,08,149. It is definitely more than 1 lakh but not exceeding 10 lakh. But, the stand of the petitioner is that the distance s .....

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