Shri Shri Ketan Moolchand Shah, Bhilai, Bhilai(Cg) vs. The Dy. Commissioner of Income Tax, -2(1), Bhilai, Bhilai(Cg)
In the result, both the appeals of the assessee are allowed
ITA 34/BIL/2017[2008-09]Status: DisposedITAT Raipur01 Feb 2018AY 2008-09
Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2008-2009 Assessment Year: 2010-2011
For Appellant: Shri R.B.Doshi, ARFor Respondent: Shri Sanjay Kumar, DR
Section 143(1)Section 143(2)Section 148Section 2(14)Section 2(14)(iii)
…mitted that the area is not under the coverage of Muncipal area and is situated beyond 8 kilometres from the Raipur. The assessee to support its claim of agricultural land relied on the decision of Hon’ble Madras High Court in the case of CIT vs. P.J. Thomas, 211 ITR 837 (Mad), wherein, it was held that the exclusion u/s.2(14)(iii) does not apply Asse ssment Year : 20 08- 200 9 ITA No .19 / Rpr/20 16 A sse ss ment Year: 2010 -2011 to agricultural lands situated within Panchayats, hence capital gain arising from transfer of such agricultural land is not liable to tax. The Assessing Officer was not satisfied wi…