TMI Blog2021 (5) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... travel distance by road on 14/10/2015 which certificate has also been taken due cognizance by the Hon ble High Court in para 14 of its order. This certificate has been issued by the Architect and Interior designer Mr. Suresh Kirtane on 18/01/2021 on the basis of map generated with Google map for shortest travel distance by road, Google Earth for aerial distance along with map of NMMC boundary and proposed land Mumbai Metropolitan Regional Plan. The subject mentioned land sold is an agricultural land. What is to be seen is only whether it is a rural agricultural land or urban agricultural land which would determine the taxability under the head income from capital gains . We find that the Hon ble High Court had restored this issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, the Hon ble High Court vide its order dated 03/12/2018 in Income Tax Appeal No.633/2016 had restored the matter to this Tribunal in paragraph 14 15. We find that the relevant directions of the Hon ble Bombay High Court are reproduced hereunder for the sake of convenience. 14. The alternative contention of the counsel for the assessee however, requires some consideration. Counsel for the assessee drew our attention to a letter dated 14.10.15 written by the Assistant Director, Town Planning, Navi Mumbai Municipal Corporation. According to this letter, the distance by road or the land in question and the Navi Mumbai Municipal Corporation is approximately 9 kms. If it is so established, in any case, the assessee may be entitled to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... culture land. As per AIR information received by the ld. AO, the assessee had sold immovable property at a cost of ₹ 3.80 Crores during the year under consideration. On perusal of the computation of income, the ld. AO found that the assessee had not disclosed any income from capital gains. Accordingly, vide letter dated 18/08/2011, the assessee furnished copy of purchase deed of agriculture lands. The perusal of the agreement revealed that the assessee had sold agricultural land comprising of survey numbers 30,37,38 and 46 situated at Nighu Village vide agreement dated 26/05/2008 for sale consideration of ₹ 3,80,80,000/-. The assessee had purchased the agricultural land vide agreement dated 22/02/2001 for ₹ 4.50 lakhs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18/09/2009 filed by the assessee issued by Thane Urban Agglomeration Agricultural Department and also held that Nighu village was beyond 8 kilometers from Thane Municipal Corporation. The ld. CIT(A) also observed that with regard to the letter issued by the competent authority that 13 villages including Nighu village had been separated from NMMC, the jurisdiction of the land was with Thane Municipal Corporation. Moreover, the registration and purchase of sale deed of the property had been carried out with Sub-Registrar, Thane. With these observations, the ld. CIT(A) deleted the addition made on account of long term capital gains. 4. Aggrieved, the Revenue is in appeal before us. 5. We find that the ld. AO had considered the aeria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been issued by the Architect and Interior designer Mr. Suresh Kirtane on 18/01/2021 on the basis of map generated with Google map for shortest travel distance by road, Google Earth for aerial distance along with map of NMMC boundary and proposed land Mumbai Metropolitan Regional Plan. 5.2. It is not in dispute that the subject mentioned land sold is an agricultural land. What is to be seen is only whether it is a rural agricultural land or urban agricultural land which would determine the taxability under the head income from capital gains . We find that the Hon ble High Court had restored this issue to the Tribunal to consider a certificate dated 14/10/2015 issued by the Town Planning department of NMMC. We have considered the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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