Case Law Details
Case Name : Kanchanben Maheshbhai Patel Vs ITO (ITAT Surat)
Related Assessment Year : 2012-13
Courts :
All ITAT ITAT Surat
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Kanchanben Maheshbhai Patel Vs ITO (ITAT Surat)
ITAT Pune order on determination of road vs aerial distance for agricultural land municipal limits & CBDT Circulars have binding authority in cases of interpretation conflicts
The key issue in this case was whether the land sold by the assessee qualified as a “capital asset” under Section 2(14)(iii)(b) of the Income-tax Act, 1961. If the land was within 8 kilometers of the municipal limits, it would be taxable under capital gains.
1. Facts of the Case:
The assessee, along with four co-owners, sold agricultural land located at Moje: Gam Ko...
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Author Bio
Sorry for wrong spelling of your surname. Kindly read it a Minocha,
Dear Manocha,
The dispute in the case is not between correctness of google map v. authorities’ measurement but between road distance and aerial distance. There is no comment on the veracity of the google map which was not under challenge. Hence your inference about the google map is neither borne out of the order nor a correct inference. Expecting more caution while drawing inferences and conclusions.