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Issues involved: Determination of liability for capital gain tax on the sale of land.
Summary: The appeal before the Appellate Tribunal ITAT COCHIN was regarding the order of the Commissioner of Income-tax(A)-II, Kochi for the assessment year 2006-07, specifically focusing on whether the taxpayer is liable for capital gain tax. The taxpayer had sold land for a housing project, with the revenue arguing that the land fell within the metropolitan area of Kochi and should be considered a capital asset. On the other hand, the taxpayer's representative contended that the land was actively used for cultivation and should not be classified as a capital asset under section 2(14) of the Income-tax Act. Upon reviewing the submissions and relevant material, the Tribunal referred to the definition of 'agricultural land' under section 2(14)(iii) of the Act, which includes areas within the jurisdiction of a municipality with a population of not less than ten thousand as capital assets. The Tribunal noted a notification by the Central Government specifying certain areas, including Cochin Municipality, as falling within the capital asset category. Citing a Supreme Court case, the Tribunal emphasized that when a village falls within municipal limits, the land loses its village identity and is considered a capital asset. The Tribunal found that the lower authorities had not adequately considered whether the land in question fell within the 8 km limits of Cochin Municipality as per the government notification. Therefore, the Tribunal set aside the previous orders and directed the assessing officer to reconsider the issue in light of the law and notification, following the Supreme Court precedent, and provide a reasonable opportunity for the taxpayer to be heard. In conclusion, the appeal of the revenue was allowed for statistical purposes, with the Tribunal emphasizing the need for a fresh assessment based on the legal provisions and notifications mentioned. (Order pronounced on 16th November, 2012)
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