Laukik Developers v. DCIT

ITO, FARIDABAD vs. SH RANBIR SINGH,, FARIDABAD

In the result, appeal of the Revenue is allowed for statistical purpose

…. The learned Commissioner of Income Tax (Appeals) has relied on the decision of the jurisdictional High Court in the case of CIT –II Vs. Satinderpal Singh in ITA No. 646 of 2009. The Tribunal Mumbai Bench in the case of Laukik Developers Vs. DCIT reported in 105 ITD 657 also held that distance of land is not to be measured by crow’s flight or straight line distance method and it should be measured by a shortest road from the outer limits of the municipal Corporation to the land in question. 8 AY:2007-08 3.5.4 As far as first observation of the Assessing Officer is considered, we are agreed that the distance of…

ACIT, GURGAON vs. SH. RAJENDER SINGH, GURGAON

In the result, the appeal of the Revenue is partly allowed for statistical purposes

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 1996-97 Asstt. Commissioner Of Income Tax, Vs. Sh. Rajender Singh, L/H- Sh. Circle-1(1), Gurgaon Hukmi, Huf, R/O-Vill. Wazirabad, Gurgaon Gir/Pan : (Appellant) (Respondent) Appellant By Sh. V.P. Mishra, Sr. Dr Respondent By Dr. Rakesh Gupta, Adv. Date Of Hearing 09.06.2016 Date Of Pronouncement 20.07.2016 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Preferred Against The Order Dated 24/12/2012 Of The Learned Commissioner Of Income-Tax (Appeals), Faridabad In Relation To Assessment Year 1996-97, Raising Following Grounds: I. Whether On Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax(Appeals) Was Right In Deleting The Addition Of Rs. 1,71,25,750/- Made By The Assessing Officer On Account Of Capital Gain On Account Of Sale Of Agricultural Land Situated Within Eight Kilometers From The Municipal Limits. Ii. Whether On Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax(Appeals) Was Right In Accepting Two Conflicting Distance Certificates Issued By The Same Authority I.E. Tehsildar. Iii. Whether On Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax(Appeals) Was Right In Accepting The Road Distance Of 8.5 Km & Ignoring The Aerial Distance Of 4.67 Km As Discussed By The Assessing Officer In The Assessment Order.

…he municipal limit of Gurgaon by adopting shortest road distance method and not as per crow’s flight or straight line distance method, following the decision of the Tribunal, Mumbai Bench in the case of Laukik Developers Vs. Deputy Commissioner of Income Tax, 105 ITD 657 and Tribunal, Pune bench in the case of Mangalam Inorganics Pvt. Ltd. Sangamner v. ACIT, ITA No. 622, 622A/PN/01 for the assessment years 1992-93 and 1993-94. Pursuant to the direction of the Tribunal, the Assessing Officer called for a report from the Tehsildar, Gurgaon, who reported that land in question sold by the assessee was situated at a d…

DCIT, NEW DELHI vs. M/S. OMAXE BUILDHOME (P) LTD., NEW DELHI

Bench: Shri I.C. Sudhir & Shri Laxmi Prasad Sahu Assessment Year : 2008-09 Deputy Cit, Vs. M/S. Omaxe Ltd., Central Circle-4, 7-Lsc, Omaxe House, New Delhi. Kalkaji, New Delhi. (Pan: Aaaco0171H) (Appellant) (Respondent) Assessment Year: 2008-09 M/S. Omaxe Ltd., Vs. Deputy Cit, 7-Lsc, Omaxe House, Central Circle-4, Kalkaji, New Delhi. New Delhi. (Pan: Aaaco0171H) (Appellant) (Respondent)

…of housing project, it is clarified that any project which has been approved by a local authority as a housing project should be considered adequate for the purpose of Sections 10(23G) and 80-IB(10).” Hon’ble Mumbai ITAT in case of Laukik Developers vs DCIT 105 ITD 657 has also placed reliance on the aforesaid definition and observed as under: “The clarification of CBDT vide letter dt. 04.05.01 to Maharastra Chamber of Housing Industry clearly states that any project, which is approved by local authority as a "housing project", should be considered adequate for the purpose of Section-10(23G) and 80IB(10) of t…