Commissioner Of Income Tax, Faridabad v. Sukh Lal

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH I.T.A. No. 878 of 2008 DATE OF DECISION: 17.8.2009 Commissioner of Income Tax, Faridabad ..........Appellant Versus Sukh Lal ..........Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:-Mr. Rajesh Katoach, Advocatefor the appellant. **** ADARSH KUMAR GOEL, J. (Oral) The issue before the Tribunal was whether the land in questionwas covered by the definition of “capital asset” under Section 2(14) of theIncome Tax Act, 1961 (for short, “the Act”), which depends upon distancespecified in notification issued under the said provision. The Tribunalproceeded on the footing that required distance was two kilometers. Learned counsel for the revenue submits that as pernotification No. 9447 dated 6.1.1994, requisite distance was 8 kilometers,for Gurgaon. This being a factual matter not brought to the notice of theTribunal, the revenue has remedy to approach the Tribunal itself, by way ofan appropriate application. The appeal is disposed of accordingly. (ADARSH KUMAR GOEL) JUDGE August 17, 2009pooja (DAYA CHAUDHARY)JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No