Income tax Offocer Ward-1(1), RAIPUR (CG) V. Shri Bachchan Singh Balbir Singh, RAIPUR (CG)

ITA 77/BIL/2012

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0533 (ITAT-RAIPUR)
• Duration Of Justice: 3 year(s) 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 19-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K JAIN
• Assessee Lawyers: JAI NARAIN CHANDAK
• Keywords: Capital asset

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER ITA NO. 77/ BLPR /201 2 & CO NO. 11 / BLPR /201 2 / ASSESSMENT YEAR: 2008 - 09 INCOME TAX OFFICER , WARD - 1(1), RAIPUR VS. SHRI BACHCHAN SINGH BALBIR SINGH GILL, A - 15/13, UDAYA SOCIETY, TATIBANDH, RAIPUR PAN : AAEHB 9591 F / (APPELLANT) / (RESPONDENT /CROSS - OBJECTOR ) REVENUE BY : SHRI D.K. JAIN, DR ASSESSEE BY : SHRI JAI NARAIN CHANDAK, AR / DATE OF HEARING : 0 8 / 10 /2015 / DATE OF PRONOUNCEMENT: 09 / 10 /201 5 / O R D E R PER G.D. AGRAWAL, VICE PRESIDENT: THIS IS AN APPEAL FILED BY THE REVENUE AND THE CROSS - OBJECTION THEREOF FILED BY THE ASSESSEE, BOTH AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) , RAIPUR D ATED 29 .0 3 .201 2 , PERTAINING TO ASSESSMENT YEAR 200 8 - 09 . 2. IN THIS APPEAL BY THE REVENUE THE ONLY GROUND RAISED READS AS UNDER : - WHETHER IN LAW AND ON FACTS & CIRCUMSTANCES OF THE CASE, THE CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.17,30,500/ - MADE BY THE AO ON ACCOUNT OF LONG TERM CAPITAL GAIN ON SALE OF LAND. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL PLACED BEFORE US. THE ONLY DISPUTE IN THIS APPEAL BEFORE US IS WITH REGARD TO THE ITA NO.77/BLPR/2012 & CO NO.11/BLPR/ 2012 SHRI BACHHCHAN SINGH BALBIR SINGH AY: 2008 - 09 2 DENIAL OF THE ASSESSEES CLAIM THAT ITS LAND IS AGRICULTURAL LAND, WHICH IS 8 KMS AWAY FROM THE BOUNDARY OF ANY MUNI CIPALITY AND THEREFORE, IS NOT A CAPITAL ASSET AND NOT CHARGEABLE TO CAPITAL GAIN TAX. THE FACTS RECORDED BY THE ASSESSING OFFICER IN PARAGRAPH 3 OF THE ORDER READ AS UNDER: 3. THEREAFTER A LETTER WAS RECEIVED FROM THE AUTHORIZED REPRESENTATIVE, SUBMIT TING THAT THE LAND IN QUESTION WAS AGRICULTURAL IN THE WAKE OF THE FACTS THAT REVENUE RECORDS SHOW THE NAME OF THE OWNERS - FARMER, MODE OF IRRIGATION BOREWELL, LAND IS SURROUNDED BY MED - KACHHI BOUNDARY ETC. ON BROWSING THROUGH THE SALE DEED FURNISHED BY THE ASSESSEE, IT IS OBSERVED THAT IT IS WRITTEN IN PUBJABI. HOWEVER, ON THE BACK SIDE OF EACH SALE DEED SOME VITAL FACTS OF THE TRANSACTION ARE MENTIONED IN ENGLISH VIZ. TRANSACTION VALUE, MARKET VALUE, TYPE OF LAND, AREA OF LAND, ETC. IT IS CLEARLY MENT IONED THERE THAT THE TYPE OF LAND IS RESIDENTIAL AND ALSO THE AREA OF LAND IS REFERRED TO IN SQUARE YARDS AND NOT IN ACRE OR HECTARE. 4. FROM THE ABOVE, AS PER REVENUE RECORDS, THE OWNER OF THE LAND IS FARMER. THE LAND IS IRRIGATED LAND WHICH IS SURROUN DED BY MED - KACHHI BOUNDARY. THE ASSESSING OFFICER REJECTED THIS REVENUE RECORDS ON THE ONLY GROUND THAT ON THE BACKSIDE OF THE SALE DEED SOMEBODY HAS NOTED IN ENGLISH SOME VITAL FACTS, I.E., TRANSACTION VALUE, MARKET VALUE, TYPE OF LAND, AREA OF LAND. IN THESE DETAILS, THE LAND IS SHOWN AS RESIDENTIAL LAND; THEREFORE, HE TREATED THE LAND TO BE RESIDENTIAL LAND ON THE BASIS OF SOME NOTING BY SOMEBODY AT THE BACKSIDE OF THE SALE DEED. THE CIT(A) ACCEPTED ASSESSEES CONTENTION ON THE BASIS OF REVENUE RECOR DS WHICH WAS ALSO PRODUCED BEFORE THE ASSESSING OFFICER . IN OUR OPINION, WHEN THE REVENUE RECORDS CLEARLY SHOWS THAT THE OWNER OF THE LAND IS FARMER AND THE LAND IS IRRIGATED LAND, THEN THE ASSESSING OFFICER WAS NOT JUSTIFIED IN HOLDING SUCH LAND TO BE RESIDENTIAL LAND, MERELY ON THE BASIS OF SOME NOTING MADE BY SOMEBODY ON THE BACK SIDE OF THE SALE DEED. WE, THEREFORE, FIND NO JUSTIFICATION TO INTERFERE WITH THE ORDER OF THE CIT(A), ITA NO.77/BLPR/2012 & CO NO.11/BLPR/ 2012 SHRI BACHHCHAN SINGH BALBIR SINGH AY: 2008 - 09 3 WHEREIN HE, ON THE BASIS OF REVENUE RECORDS, ACCEPTED THE LAND TO BE AGRICULTURAL LAND. 5. THE CROSS - OBJECTION IS ONLY IN SUPPORT OF THE CIT(A) AND THE SAME IS HELD TO BE INFRUCTUOUS AND REJECTED. 6. IN THE RESULT, THE REVENUES APPEAL AS WELL AS ASSESSEES CROSS - OBJECTION, BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 0 9 T H OCTOBER, 2015 AT RAIPUR . SD/ - SD/ - (MUKUL KR. SHRAWAT) JUDICIAL MEMBER (G.D. AGRAWAL) VICE - PRESIDENT RAIPUR ; DATED 0 9 / 1 0 /201 5 BIJU T., PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, RAIPUR 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, RAIPUR