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1 - 10 of 17 (0.59 seconds)Section 147 in The Income Tax Act, 1961 [Entire Act]
Section 54B in The Income Tax Act, 1961 [Entire Act]
Section 120 in The Income Tax Act, 1961 [Entire Act]
Section 115WD in The Income Tax Act, 1961 [Entire Act]
Section 142 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax, Jabalpur vs M/S. S. Goyanka Lime And Chemicals Ltd. on 23 March, 2015
In support of his contention he has relied upon the decision of Hon'ble
Supreme Court in the case of CIT vs. S. Goyanka Lime & Chemical Ltd., 64
taxmann.com 313 (SC) as well as the decision of Hon'ble Madhya Pradesh High
Court which was upheld by the Hon'ble Supreme Court in the said case of CIT vs. S.
Goyanka Lime & Chemical Ltd. (supra). Thus the ld. A/R has submitted that the
satisfaction of the approving authority which accorded the sanction for issuing notice
under section 148 is without analyzing the facts and was given mechanically.
Therefore, the same is not sustainable.
Ito, Jaipur vs Kheti Lal Sharma Huf, Jaipur on 2 January, 2017
6. We have considered the rival submissions as well as the relevant material on
record. The assessee raised this objection even before the AO as well as ld. CIT (A).
However, the AO has obtained a report of the Tehsildar concern and held that the
property in question is situated within 8 KM from the Jaipur Municipal Limits and
accordingly is liable to Long Term Capital Gain. The ld. A/R of the assessee has now
disputed the correctness of the said Certificate issued by the Tehsildar on the
ground that the distance of the property has to be considered as on the date of
Notification dated 6th January, 1994. So far as the issue of considering the distance
from Municipal Limits as on the date of Notification dated 6th January, 1994, we find
that this issue was considered by this Tribunal and now upheld by the Hon'ble
Jurisdictional High Court in case of Principal CIT vs. Shri Kheti Lal Sharma HUF
(supra). However, the question remains that whether on the date of Notification the
distance of the property in question was situated within the distance of 8 KM from
13
ITA No. 1064/JP/2016
Smt. Vidhya Poonia, Jaipur.