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TMI Blog2023 (7) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... tistical purpose. - I.T.A. No. 212/Viz/2020 - - - Dated:- 14-7-2023 - Shri Duvvuru Rl Reddy, Hon ble Judicial Member And Shri S Balakrishnan, Hon ble Accountant Member For the Appellant : Shri YA Rao, AR For the Respondent : Shri ON Hari Prasada Rao, DR ORDER PER SHRI DUVVURU RL REDDY, JUDICIAL MEMBER : This appeal is filed by the assessee against the order of Commissioner of Income Tax (Appeals) [CIT(A)]-1, Visakhapatnam vide I.T.A.No.0178/2015-16/CIT(A)-1/VSP/2020-21 dated 18.08.2020, arising out of assessment order passed u/s 143(3) of the Income Tax Act, 1961 (in short Act ) dated 30.03.2015 for the Assessment Year (A.Y.) 2012-13. 2. Brief facts of the case are that the assessee, an individual, filed hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed against assessability of long term capital gains on sale of Agricultural Land. 2. The learned Commissioner (Appeals) is not justified in deciding the disputed issue without obtaining the remand report sought by him during the course of appeal proceedings vide letter dt.20/4/2018. 3. The learned Commissioner (Appeals) and the assessing officer are not justified in ignoring the certificate issued by the Tahsildar who confirmed that the lands sold were agricultural lands which are within distance of 8.5 kms from Vizianagaram Muncipial limits. 4. The authorities below erred in replying on the report furnished by the Commissioner Municipality, who committed a mistake by referring to unconnected particulars and Who has not menti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd others Vs Department of Income Tax 7. The authorities below failed to take into consideration that Dwarapudi village is located beyond 8.5 Kms Via road from the then Municipal limits Vide Notification issued in 1994 Via Gotland village which was clearly brought on record through a plan submitted during appeal proceedings. The subsequent notification brought in Sec2(14) vide Finance Act 2013 cannot be applied. 8. The Appellant prays for directions to authorities to allow the claim of exemption from taxation of Capital gains, made by the Appellant. 9. Without prejudice to the ground for relief made, the Appellant prays honourable members of Tribunal to set aside the disputed issue for fresh consideration by the assessing off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal of assessee. 7. We have heard both the parties and perused the material placed on record. The only issued involved in the instant case is to ascertain whether the land sold by the assessee is within municipal limits of Vizianagaram or not. The assessee had sold the disputed land at Dwarapudi near Vzianagaram to Sai Balaji Happy Homes for Rs. 1,42,08,000/-, which he acquired for Rs. 17,31,290/- on 06.01.2007. Taking our attention to the certificate obtained from Tahsildar, Vizianagaram as filed in page No.14 of the paper book, the Ld.AR submitted that the disputed land is situated more than 8 Kms from Vizianagaram Municipal limits, whereas, the endorsement given by the Commissioner, Vizianagaram Municipality as filed in page No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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