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“Inspector of Income-tax”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(28) / Section 11736 judgments

Judgments citing Inspector of Income-tax

Ashish Gupta, Ghaziabad vs. ITO, Ward-1(1), Ghaziabad

In the result, the appeal of the assessee is allowed

ITA 13/DEL/2020[2013-14]Status: DisposedITAT Delhi13 Jun 2024AY 2013-14

Bench: Shri Shamim Yahya & Ms. Madhumita Royshri Ashish Gupta, Vs. Ito, Ward 1 (1), R-11/32, Raj Nagar, Ghaziabad. Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Agipg3854E) (Appellant) (Respondent) Assessee By : Shri Subodh Gupta, Ca Shri Mukesh Agarwal, Ca Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 10.06.2024 Date Of Order : 13.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals), Ghaziabad Dated 25.07.2019 For The Assessment Year 2013-14. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. Because The Order Of Ld. Lower Authority Is Bad In Law As Well As Is Against The Facts & Circumstances Of The Case. 2. Because Learned Commissioner Of Income Tax (Appeals) Erred In Sustaining The Addition Of Long Term Capital Gain Rs.13230858/- By Wrongly Observing That Land Situated At Village Masuri Pargana Dasna Is Within The Municipal Limits Of Ghaziabad Though The Agricultural Land Is Undisputedly Beyond

For Appellant: Shri Subodh Gupta, CAFor Respondent: Shri Kanv Bali, Sr. DR
Section 2(14)

provisions of section 2(14) of the Income-tax Act, 1961 (for short ‘the Act’). To verify this claim, Assessing Officer deputed Inspector of Income-tax who has submitted his report dated 29.02.2016 stating that the said land is situated within 5 kms from the municipal limits of Ghaziabad. Assessee ... find that assessee’s arguments have sufficient cogency. It is correct that the distance of 5 kms. from Dasna flyover, Govindpuram confirmed by Inspectors of Income-tax Department and Tehsildar were on the date of their respective inspections i.e. February 8 and March 2016. On the other hand, assessee