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TMI Blog2017 (4) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... ove referred agriculture land situated in village Jani Vankad was at distance of more than 8 kilometers from the municipal area of Daman Municipal Council and population of village Jani vankad was less than 10,000 persons. We find that these facts and evidences were not disproved by the assessing officer and the Ld.CIT(A) made his decision on the basis that the assessing officer made analysis on the basis of information mainly pertaining to the the Sarpanch of Bhimpore Group Gram Panchayat, Bhimpore, Nani Daman stating that Jani Vankad was a revenue Village and the Moti Vankad and Nani Vankad was a villages under the said Saja(revenue circle) We find that Sarpanch of Bhimpore Group Gram Panchayat, Bhimpore, Nani Daman has not stated that ja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll as law on the subject, the learned commissioner of the Income Tax (Appeals) has erred in confirming the action of the assessing officer in making addition of ₹ 13,81,090/- on account of short term capital gain on sale of land. 3. On the facts and in the circumstances of the case as well as law on the subject, the learned commissioner of the Income Tax (Appeals) has erred in confirming the action of the assessing officer in making addition of ₹ 69,630/- on account of alleged unexplained cash deposits in bank account." 3. At the time of hearing, ld. counsel of the assessee does not press ground nos. 1 & 3 so these two grounds are dismissed as not pressed and ground no. 2 is being adjudicated as under. 4. In this case as p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 70,80,000/- made on 5th April, 2007 in the name of M/s. Khemani Distilleries Pvt. Ltd. The assessing officer has also mentioned regarding notification as under:- "The Notification u/s. 2(1A)(c), proviso, clause (ii)(B) and section 2(14)(iii)(b), Date 1/6/1994, Notification No, S.O.9447 and File Number 164/3/87-ITA.I was published by the Central. Government having regard to the extent of, and scope for urbanisation of the areas concerned and other relevant considerations, hereby specifies the areas shown in column (4) of the schedule hereto annexed and falling outside the local limits of municipality or cantonment board, as the case may be, shown in the corresponding entry in column (3) thereof and against the State or Union Territory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. Aggrieved against the order of the assessing officer, the assessee filed appeal before the ld. CIT(A). The ld. CIT(A) has rejected the appeal of the assessee by observing as under:- "6.2. The Grounds of appeal- Ground No. 2 pertains to making addition of ₹ 13,81,090/- on account of short term capital gain on sale of land. On the perusal of the details it is observed that the land was situated within the Daman Municipal limits and did not fall in the exemption on capital gains. During the appellate proceedings the appellant was unable to provide any documents or evidence to prove that the land in question is exempted from capital gains. The AO has made rn-depth analysis based on the information collected from the various govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. We have heard both the sides. We have also gone through the materials on record through the help of representatives. We noticed that the sold land was situated at village Jani Vankad, Nani Daman. We have further noticed that Jani Vankad and Nani Vankad were not the same village and both the villages were distinct from each other belonging to greater area called Nani Daman. We have also noticed that the certificate produced before the assessing officer by the asssessee from the Daman Municipal Corporation stating that above referred agriculture land situated in village Jani Vankad was at distance of more than 8 kilometers from the municipal area of Daman Municipal Council and population of village Jani vankad was less than 10,000 person ..... X X X X Extracts X X X X X X X X Extracts X X X X
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