TMI Blog2019 (12) TMI 1620X X X X Extracts X X X X X X X X Extracts X X X X ..... he record of the AO to conduct a proper enquiry and also consider the evidence, if any, to be filed by the assessee in support of his claim that the distance from the Municipal limits to the area in which the land is situated is less than 8 kms as on 06.01.1994. When the land in question is treated as capital asset and not as agricultural land excluded from the definition of capital asset as per the provisions of section 2(14)(iii)(b) - Once the main issue involved in the assessee s appeal is set aside to the record of the AO, this issue is also consequently set aside to the record of the AO for deciding afresh after giving an opportunity of hearing to the assessee. We may clarify that the Hon ble High Court has specifically made it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment as under :- (i) Whether in the facts and circumstances of the case the Tribunal was justified in reversing the finding of Assessing Officer as well as CIT (A) and holding the agricultural land as exempted under Section 2(14)(iii)(b) of the Act, despite the fact that the said land was falling within 8 kms of the municipal limit and thereby deleting an addition of Rs. 6,38,40,000/-. (ii) Whether in the facts and circumstances of the case the Tribunal as well as the CIT (A) were justified in deleting the addition of Rs. 14,30,009/- which was made by the Assessing Officer disallowing 25% of the expenditure claimed by the assessee as neither any documents nor any details were submitted by the assessee in support of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the Notification dated 6th January, 1994. Consequently these appeals were placed before this Tribunal for hearing and adjudication in terms of the directions of the Hon ble High Court vide judgment dated 08.11.2017. The ld. A/R of the assessee has submitted that the AO has taken the distance from Municipal limits to the land in question at 3.50 kms as per the report of the Inspector and, therefore, the said report is not based on actual distance as on the date of Notification dated 06.01.1994. He has further contended that the same Inspector has also reported the distance as 7 kms in his subsequent report dated 07.02.2012 which was submitted to the ld. CIT (A). Therefore, there is an inconsistency in the material on the basis of which th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce has to be measured from the Municipal limits to the area in which the land in question is situated and not the distance from the Municipal limits to the particular piece of land. 4. We have considered the rival submissions as well as the relevant material on record. The Hon ble Jurisdictional High Court has remanded the matter for considering the distance from the Municipal limits to the land in question as on 06.01.1994. The adjudication of the issue requires a proper verification and supporting evidence which has not been provided by the parties before us. Accordingly, we cannot decide this issue conclusively in the absence of the necessary evidence on this point. Hence this matter is set aside to the record of the AO to conduct a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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