Dr. A.Ezhil Malar, CHENNAI V. ACIT, CHENNAI

ITA 3306/CHNY/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4393 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-06-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 06-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHIVA SRINIVAS JCIT G
• Assessee Lawyers: M P SENTHIL KUMAR
• Keywords: Capital asset

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , .. ' #$, & '( BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ ITA NO.3306/MDS/2016 * +* / ASSESSMENT YEAR : 2013-14 DR. (MRS.) A. EZHIL MALAR, # 583, THIRUVOTRIYUR HIGH ROAD, TONDIARPET, CHENNAI - 600 081. PAN : AAAPE 0904 B V. THE ASSISTANT COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE 4(1), CHENNAI - 600 006. (-./ APPELLANT) (/0-./ RESPONDENT) -. 1 2 / APPELLANT BY : SH. PHILIP GEORGE, ADVOCATE & SH.M.P. SENTHIL KUMAR, ADVOCATE /0-. 1 2 / RESPONDENT BY : SHRI SHIVA SRINIVAS, JCIT ' 1 G& / DATE OF HEARING : 25.4.2017 HI+ 1 G& / DATE OF PRONOUNCEMENT : 07.06.2017 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -5, CHENNA I, DATED 28.09.2016 AND PERTAINS TO ASSESSMENT YEAR 2013-14. 2. SHRI M.P. SENTHIL KUMAR, THE LD.COUNSEL FOR THE ASSESSEE, SUBMITTED THAT THE ONLY ISSUE ARISES FOR CONSIDERAT ION IS COMPUTATION 2 I.T.A. NO.3306/MDS/16 OF CAPITAL GAIN ON SALE OF AGRICULTURAL LAND. ACCO RDING TO THE LD. COUNSEL, THE ASSESSEE SOLD AGRICULTURAL LAND DURING THE YEAR UNDER CONSIDERATION AND CLAIMED THAT GAIN ON SUCH LAND IS EXEMPTED FROM TAXATION. THE ASSESSING OFFICER, HOWEVER, DISALLOW ED THE CLAIM OF THE ASSESSEE ON THE GROUND THAT THE LAND IS SITUATE D WITHIN 8 KMS RADIUS OF AVADI MUNICIPALITY. ACCORDING TO THE LD. COUNSEL, THE FACT THAT THE LAND IN QUESTION IS AGRICULTURAL LAND IS N OT IN DISPUTE, THEREFORE, THE CIT(APPEALS) IS NOT JUSTIFIED IN DIS ALLOWING THE CLAIM OF THE ASSESSEE. 3. ON THE CONTRARY, SHRI SHIVA SRINIVAS, THE LD. DE PARTMENTAL REPRESENTATIVE, SUBMITTED THAT THE ASSESSEE SOLD TH E LAND SITUATED WITHIN 6.5 KMS FROM AVADI MUNICIPALITY. SINCE THE LAND IS SITUATED WITHIN 8 KMS FROM AVADI MUNICIPALITY, ACCORDING TO THE LD. COUNSEL, EVEN THOUGH THE LAND IN QUESTION IS AGRICULTURAL LA ND, IT CANNOT BE CONSIDERED AS AGRICULTURAL LAND FOR THE PURPOSE OF COMPUTING CAPITAL GAIN. THE LD. D.R. FURTHER SUBMITTED THAT THE TEHS ILDAR, AVADI CONFIRMS THAT THE DISTANCE BETWEEN THE LAND IN QUES TION AND AVADI MUNICIPALITY IS ONLY 6.5 KMS. THEREFORE, THE CIT(A PPEALS) HAS RIGHTLY CONFIRMED THE ORDER OF THE ASSESSING OFFICE R. 3 I.T.A. NO.3306/MDS/16 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. ADMITTEDLY, THE ASSESSEE HAS SOLD THE LAND SITUATED IN SURVEY NO.28 6/21, 286/22 286/23, 286/24 AND 286/25 WHICH IS ADMITTEDLY SITUA TED IN MORAI VILLAGE. THE LAND IN QUESTION IS SITUATED WITHIN 6 .5 KMS FROM AVADI MUNICIPALITY. THESE FACTS ARE NOT IN DISPUTE. THE REFORE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT EVEN THO UGH THE LAND IN QUESTION IS SAID TO BE AGRICULTURAL LAND SINCE IT I S SITUATED WITHIN 8 KMS FROM AVADI MUNICIPALITY, IT HAS TO BE CONSIDERE D AS CAPITAL ASSET. HENCE, THE GAIN ON SALE OF SUCH LAND IS LIA BLE TO BE TAXED. THEREFORE, THIS TRIBUNAL DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDINGLY THE SA ME IS CONFIRMED. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON 7 TH JUNE, 2017 AT CHENNAI. SD/- SD/- ( . . ' #$ ) ( . . . ) (D.S. SUNDER SINGH) (N.R.S. GANESAN) & / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, K /DATED, THE 7 TH JUNE, 2017. KRI. 4 I.T.A. NO.3306/MDS/16 1 /G#L ML+G /COPY TO: 1. -. /APPELLANT 2. /0-. /RESPONDENT 3. ' NG () /CIT(A)-5, CHENNAI-34 4. PRINCIPAL CIT-9, CHENNAI. 5. LO /G /DR 6. * P /GF.