9911796707
TMI Blog2021 (3) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... g of Section 2(14)(iii) of the IT Act, 1961. 2. The Ld. CIT(A) has erred on facts and in law in incorrectly holding that the claim of appellant that the land sold was ancestral is not found to be correct as he himself has submitted that he purchased the land in 2008 ignoring that assessee has nowhere stated that the land which was sold by him was purchased in 2008." 2. The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic. 3. Brief facts of the case are that on the basis of information received from DIT(Inv.)-III, Jaipur, a survey U/s. 133A of the Income Tax Act, 1961 (in short, the Act) was conducted at the business premises of one Shri Madan Mohan Gupta, A-30, Saraswa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d appeal and would like to submit that: That the assessee appellant has filed an Income-tax appeal before income Tax appellate Tribunal, Jaipur Bench, Jaipur for the assessment year 2009-10 against the order passed by the Ld. Commissioner of Income Tax (Appeals)-Jodhpur. The sole issue involved in the appeal relates to, whether the agriculture land sold by the appellant is capital asset or otherwise. That both the lower authorities, rejected the contention of the appellant by solely relying on the distance report of the Tehsildar, Amer who certified the distance of area in which land is situated to be 7 km's from local limits of Jaipur municipality. However, the same is contrary to ground realities. Thus, the appellant prays for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fidavit from the assessee that the area in which impugned agriculture land is situated is beyond 8 km's of local limit of Jaipur Municipality on Sikar Road i.e. Nindar Mod. Considering the certificate of Sub-Tehsildar mentioning the fact that village Burthal, khata Nos. 824, 825, 831, 832, 833, 834, 824/1263, 834/1266 and 853, in the year 1994, are situated at 9 KM of gram Nindar as well as affidavit filed by the assessee mentioning that fact that the road distance of the village Bhurthal i.e. area in which land is situated in nearly 10.9 KMs from the local limit of Jaipur municipality on Sikar Road i.e. Nindar Mod as was existing on 06/01/1994 i.e. date of publication of notification No. 9447 in the official gazette. In view of the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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