2017 (12) TMI 741

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..... Ld. Counsel that each and every rural land is excluded from the scope of definition of the capital assets u/s 2(14) of the Act is not tenable. The reliance of the Ld. Counsel on the decision in the case of ‘DCIT Vs. Arijit Mitra’[2011 (8) TMI 556 - ITAT, KOLKATA] is also misplaced. We, therefore, do not find any infirmity in the order of CIT(A) while dismissing the appeal of the assessee. There is no merit in the appeal of the assessee and the appeal is accordingly dismissed.
SHRI SANJAY GARG, JUDICIAL MEMBER AND Dr. B.R.R. KUMAR, ACCOUNTANT MEMBER For The Appellant : Sh. N.K. Shahi For The Respondent : Smt. Chanderkanta ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order .....

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..... me of the assessee. 4. Being aggrieved, the assessee preferred an appeal before the Ld. CIT(A) Patiala who dismissed the appeal of the assessee and confirmed the order of the Assessing officer. The assessee, thus, has come in appeal before us. 5. The Ld. AR of the assessee, while inviting our attention to the relevant provisions of section 2(14) (iii) (a) & (b) of the Act, has stated that the land of the assessee is a rural land and, hence, is exempt from the definition and scope of the capital asset chargeable to capital gains tax. He has also relied upon the decision of the Coordinate Bench of the Tribunal in the case of' DCIT Vs. Arijit Mitra reported in [2011] 16 taxman.com 66 (Kolkata.). 6. The Ld. DR, on the other hand, relied on t .....

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..... elevant consideration, specify in this behalf. Admittedly, as per notification, the specified distance is 5 Kms and above, so far as the distance of land of the assessee from the concerned municipal limit is concerned. The argument of the Ld. Counsel that each and every rural land is excluded from the scope of definition of the capital assets u/s 2(14) of the Act is not tenable. The reliance of the Ld. Counsel on the decision in the case of 'DCIT Vs. Arijit Mitra' is also misplaced. We, therefore, do not find any infirmity in the order of CIT(A) while dismissing the appeal of the assessee. There is no merit in the appeal of the assessee and the appeal is accordingly dismissed. 9. In the result, the appeal of the assessee is dismissed. Ord .....

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