9911796707
TMI Blog2025 (2) TMI 1125X X X X Extracts X X X X X X X X Extracts X X X X ..... that shortest possible route has to be taken as crow flies. HELD THAT:- We find that case of assessee is that assessee is an agriculturist and sold her land situated Ubhrat, Dist - Navsari. The assessee set up his case that the land is situated eight kilometres beyond city limit and is not a capital asset, thus consideration receipt on sale thereof is not chargeable to tax. This Tribunal after considering the contention of both parties, restore the matter back to the file of AO to examine the distance of land from municipal limit on the basis of subsequent CBDT Circular No.17/2015. So far as specific contention of revenue in its MA that the nature of land was converted from agriculture to non-agriculture is concern, it is settled positi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, we do not find any merit of in this Miscellaneous Application and the same is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Officer after considering the direction of Tribunal has passed order in given effect vide order dated 16.11.2024, copy of which is also placed on record. The ld. AR submits that application filed by the revenue is not maintainable and is liable to be dismissed. The revenue is seeking review of the order which is not permissible under the scope of application under section 254(2) of the Act. To support of his contention, the ld. AR relied on the decisions of Hon'ble Supreme Court in the case of ITO Vs Volkart Brothers, 82 ITR 50 (SC) and the decision of Hon'ble High Court of Gujarat in case of Vrundavan Ginning and Oil Mill Vs ACIT, 126 taxmann.com 227 (Guj.). 4. We have considered the rival contention of both the parties and have gone t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n case the purchaser is not agriculturist, or the land is being transferred for other than agriculture purpose, the permissions of revenue authorities are required, but it will not change the character of land in the hand of seller (agriculturist). Even, the Hon'ble jurisdictional High Court including a leading decision in the case of CIT vs. Siddharth J. Desai (1982) 10 Taxman 1 (Guj) held that when the assessee sold agricultural land and permission was granted under section 63 of the Bombay Tenancy & Agricultural Lands,1960 for using it for residential purpose, the land continued to be agricultural land till the date of sale. The permission was obtained prior to sale as it was necessary only because land was agricultural land and it was g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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