2011 (6) TMI 775

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..... ORDER Per P.K. Bansal, A.M. : This appeal has been filed by the Revenue against the order dated 05.03.2010 of the CIT(A)-I, Agra. 2. The only dispute involved in this appeal relates to the measurement of distance for the purpose of agricultural land within the meaning of section 2(14)(iii)(b) of the Income-tax Act. The assessee took that the distance should be taken through the approach road w .....

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..... per crow's flight." 3.3. Accordingly, the AO is directed to consider the appellant's case in the light of the above decision to determine whether the impugned land is a capital asset within the meaning of section 2(14) or not and give relief, if due." 3. We have heard the rival submissions and carefully considered the same. The learned DR although vehemently relied on the order of the Assessing .....

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..... has reached finality. The action of the AO in treating the said land as a capital asset and bringing the profit arising from sale thereof to tax in the hands of the assessee as long term capital gain, however, was upheld by the learned CIT(A) relying on the evidence brought on record by the learned CIT, Rohtak during the course of proceedings u/s. 263 in the form of certificates issued by the con .....

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..... e decision of Pune Tribunal in the case of Mangalam Inorganics Pvt. Ltd., that the distance between the municipal limits and assessee's industrial undertaking is to be measured having regard to the shortest road distance and not as per the crow's flies, i.e., a straight line distance as canvassed by the Revenue. The learned DR has contended in this regard that the said decision has been rendered b .....

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..... ed by the assessee on this issue thus are treated as allowed for statistical purposes." 4. Respectfully following the decision of the co-ordinate Bench and that of Punjab & Haryana High Court, we confirm the order of the CIT(A) and dismiss the appeal filed by the Revenue. 5. In the result, the appeal filed by the Revenue is dismissed. The order pronounced in the open court on 30.6.11.
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