ACIT, CHENNAI V. Shri K.C.Jayagopal, Kancheepuram

ITA 984/CHNY/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 68775 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-10-2013
• Assessment Year: 2002-2003
• Appeal Filed On: 04-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN IRS
• Assessee Lawyers: T BANUSEKAR
• Keywords: Capital asset
• Section: 143(3); 2(14)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENTAND SHRI VIKAS AWASTHY, JUDICIAL MEMBER ITA NO. 984(MDS)/2012 ASSESSMENT YEAR : 2002-03 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE I(5), CHENNAI - 600 034. V. SHRI K.C. JAYAGOPAL, NO.8/2, BHARATHIDASAN ST., SINGAPERUMAL KOIL, CHENGLEPUT TK, KANCHIPURAM DISTRICT. PAN : ADGPJ 6687 D (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI N. MADH AVAN, IRS, JCIT RESPONDENT BY : SHRI T. BANUSEKA R, CA DATE OF HEARING : 14 TH OCTOBER, 2013 DATE OF PRONOUNCEMENT : 14 TH OCTOBER, 2013 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT THIS APPEAL FILED BY THE REVENUE RELATES TO ASSES SMENT YEAR 2002-03. THIS APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-I AT CHENNAI, DATED 13.2.2012. THE APPEAL ARISES OUT OF THE ORDER PASS ED BY THE 2 I.T.A. NO. 984/MDS/12 ASSESSING OFFICER UNDER SECTION 143(3) READ WITH SE CTIONS 153A, 153C AND 263 OF INCOME-TAX ACT, 1961. 2. THE GROUND RAISED BY THE REVENUE IN THE PRESENT APPEAL IS THAT THE CIT(APPEALS) HAS ERRED IN DELETING THE ADD ITION MADE BY THE ASSESSING OFFICER TOWARDS CAPITAL GAINS OF ` 38,75,000/-, HOLDING THAT THE LAND IS SITUATED OUTSIDE THE MUNICIPAL LIM ITS OF CHENGELPET. CASE OF THE REVENUE IS THAT THE CIT(APPEALS) HAS FA ILED TO NOTE THAT THE LAND IS SITUATED WITHIN THE MUNICIPAL LIMITS OF MARAIMALAINAGAR AND AS PER 2001 CENSUS, THE POPULATION OF MARAIMALA INAGAR WAS 48,463 AND THEREFORE, THERE CANNOT BE ANY EXEMPTION UNDER SECTION 2(14) OF INCOME-TAX ACT, 1961. IT IS ALSO THE CASE OF THE REVENUE THAT THE LAND WAS SOLD FOR NON-AGRICULTURAL PURPOSE S AND AS SUCH, THE GAINS ARISING OUT OF THE TRANSFER OF LAND IS TA XABLE IN VIEW OF THE JUDGMENT OF HONBLE SUPREME COURT RENDERED IN THE C ASE OF SARIFA BIBI MOHAMED IBRAHIM V. CIT (204 ITR 631). 3. WE HEARD SHRI N. MADHAVAN, IRS, LEARNED JOINT COMMISSIONER OF INCOME TAX, APPEARING FOR REVENUE A ND SHRI T. BANUSEKAR, LEARNED CHARTERED ACCOUNTANT, APPEARING FOR THE RESPONDENT-ASSESSEE. 3 I.T.A. NO. 984/MDS/12 4. ON GOING THROUGH THE RECORDS OF THE CASE AND ORD ERS OF THE LOWER AUTHORITIES, WE FIND THAT THE LAND SQUARELY F ALLS OUTSIDE THE LIMITS OF MUNICIPALITY. IT IS ALSO BEYOND DISPUTE THAT MARAIMALAINAGAR WAS NOT NOTIFIED BY CENTRAL BOARD OF DIRECT TAXES T O BE A PLACE TO BE TREATED AS MUNICIPALITY FOR THE PURPOSE OF LEVYI NG CAPITAL GAINS TAX. RELIANCE PLACED BY THE REVENUE ON THE DECISIO N OF SARIFA BIBI MOHAMED IBRAHIM V. CIT (204 ITR 631) IS MISPLACED. 5. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME O F HEARING ON MONDAY, 14 TH OCTOBER, 2013 AT CHENNAI. SD/- SD/- (VIKAS AWASTHY) (DR. O .K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED, THE 14 TH OCTOBER, 2013. KRI. COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT, CENTR AL-I, CHENNAI 4. CIT(A)-I, CHENNAI 5. DR 6. GF.