TMI Blog2022 (4) TMI 1099X X X X Extracts X X X X X X X X Extracts X X X X ..... land is situated beyond 7 kms from Tambaram Municipality. In entirety of facts and going through these evidences we are of the view that the land situated in village Varadarajapuram is beyond 6 kms of outer limit of Tambaram Municipality. Hence, we are of the view that the aforesaid land was not taxable because land did not fall within the distance of 6 kms from the outer limit of Tambaram Municipality measured aerially. Hence, we find no infirmity in the order of CIT(A) and the same is confirmed. - Decided against revenue. - ITA No. 1214/CHNY/2019 - - - Dated:- 25-2-2022 - SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER For the Appellant : Shri M. Rajan, CIT For the Respondent : Shri G. Baskar, Advocate ORDER PER MAHAVIR SINGH, VP: This appeal by the Revenue is arising out of the order of the Commissioner of Income Tax (Appeals)-2, Chennai in ITA Appeal No.73/2017-18 dated 24.01.2019. The Assessment was framed by the ITO, Non-Corporate Ward-1(5), Chennai U/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter the Act ) for the A.Y. 2014-15 vide order dated 30.12.2017. 2. The short point under dispute is w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... athi, legal representative of late T. Bhavani Devi, who passed away on 19.01.2015. The assessee requested vide letter dated 15.05.2017 that the return filed on 24.07.2014, as originally filed, be treated as one in response to notice issued u/s.148 of the Act. The AO during the course of assessment proceedings revealed the information that the assessee along with other co-owners has sold five immovable properties i.e., land admeasuring 9.38 acres situated at 111, Varadarajapuram Village, Sriperumbudur Taluk, Kancheepuram District during the financial year 2013-14 for a total considerationof ₹ 27,21,51,200/-. The assessee s share was ₹ 13,66,64,200/-. There is no dispute about these facts. The details of land sold including the date of transaction, survey number, document number, area of land sold, amount of sale proceed and assessee s share, these are tabulated by the AO in his assessment order and for the sake of clarity, we are reproducing the same. S.No. Survey No. Document No. Land Sold in acres Date of Transaction Amount in Rs. Market/guideline ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pality. He also noted from the copy of map i.e., Google map submitted by the assessee which shows the distance from the land in question showing the aerial distance to be 8 kms from the nearest municipal limit of Tambaram Municipality. Accordingly, the CIT(A) opines the land in question is located outside 6 kms of aerial distance from the municipal limit of Tambaram Municipality and accordingly, he held this is agricultural land not liable to capital gains tax in term of section 2(14)(iii) of the Act. The CIT(A) also holds that the conclusion of the AO in arriving at that the property in question is not agricultural land is wrong and according to him, the property in question is actually agricultural land. Therefore, he directed the AO to delete the assessment of sale consideration of this agricultural land from Long Term Capital Gain. Aggrieved, Revenue is in appeal before the Tribunal. 5. Before us, the ld.CIT-DR Shri M. Rajan, took us through the directions issued by JCIT vide letter dated 30.12.2017 and he particularly referred to para 8 (iii) (iv), wherein the aerial distance of Varadarajapuram village from outer limit of Tambaram Municipality is described and the distanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he concerned document is enclosed. In view of the above, the ld.counsel for the assessee stated that the distance of land in question situated at No.111, Varadarajapuram village and the outer municipal limit of Tambaram Municipality is actually 8.14 kms and this is the shortest aerial distance. According to him the land in question cannot be assessed as capital asset falling under Long Term Capital Gain tax. 7. We have heard rival contentions and gone through facts and circumstances of the case. We noted that the JCIT vide his directions dated 30.12.2017 has noted the fact in 8 (iii) (iv) as under:- 8 (iii) The maps above depict the outer limit of Tambaram Municipality being the nearest municipality to Varadarajapuram and also the limits of Karasangal which is an area located beyond Varadarajapuram. From the map it may be seen that a point beyond Varadarajapuram that too on the other end of Karasangal itself is only 5.65 kms from the outer limits of Tambaram Municipality, when measured aerially. (iv) Further it can be very clearly conferred from the above map that Varadarajapuram is only 4.17 kms from the outer limit of Tambaram Municipality, when measured aerially. F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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