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(b) in any area within such distance, not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a), as the Central Government may, having regard to the extent of, and scope for, urbanisation of that area and other relevant considerations, specify in this behalf by notification in the Official Gazette47;]"

So far as provisions of section 2(14)(iii)(b) are concerned it is submitted that these provisions require the agricultural land to situate within 8 km of the local limits of the municipality as notified by Central Govt. It is submitted that in this regard the Central Govt. issued notification on 06.01.1994 and thereafter there has been no notification on the issue. A copy of this notification dated 06.01.1994 is available on paper book cited supra. As per this notification explanation 2 the local limits of the municipality shall be reckoned as on the date of the unification i.e. 06.01.1994. In other words the lands situate within 8 km of the municipal limits as on 06.01.1994 shall be covered under the provisions of section 29 ITA 678/JP/2018_ Birma Devi Vs. ITO 2(14)(iii)(b). It is submitted that as on 06.01.1994 the land of the assessee was not within the distance of 8 km. from the municipal limits. In view of this the provisions of section 2(14)(iii)(b) are also not applicable. It is submitted that the notification no. 9447 issued by the Central Govt dated 06.01.1994 lays down limit of 8 km. from the Municipal Limits as on 06.01.1994. It is submitted that the Municipal limits have been notified by State Govt in Gazette on 25.09.1994. Copy of Gazette Notification issued by State Govt dated 25.09.1994 is available on paper book page number 38 to 46. Strictly speaking no municipal limits are available as on the date of 06.01.1994. The nearest date for which municipal limits are available are as per Govt. of Rajasthan Gazette Notification dated 25.09.1994 which shows Village Bhankrota for the purposes of Ward 12 wherein lies the agricultural land of the assessee as the municipal limit. Therefore land falling within 8 km. from this municipal limit of (Village Bhankrota) shall be an asset with reference to the provisions of section 2(14)(iii)(b). The distance of the agricultural land situate at village Muhana from Municipal Limit Bhankrota is more than 15 kilometers. Hence it was not an asset within the meaning of provisions of section 2(14)(iii)(b). Therefore the sale of land does not attract capital gains. The addition made by the Learned Assessing Officer deserves to be 30 ITA 678/JP/2018_ Birma Devi Vs. ITO deleted. The assessee is scanning below the google map outlining the distance between Village Muhana and Bhankrota which is as under -