Ita/254/2009 Of The Commissioner Of Income Tax v. Smt.chinnamma

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATEBD THIS THR [nd]DAY OF DECEMBER, 2014. PRESENT THR HON' BLE MR. JUSTICK N.KUMAR AND THR HON' BLE MR. JUSTICK B. MANOHAR INCOME TAX APPEAL No. 2254/200 BERITIWE 1.The Commissioner of Income Tax, Central Circle,C.R. Building,|Queens Road,Bangalore.C.R. Building,|Queens Road,Bangalore. ? The Asst. Commissioner of Income Tax, Central Circle-1(2),. C.R. Building,|Queens Road,Bangalore._. APPBELLANTS (BY SRI K V ARAVIND, ADVOCATE) AND: Smt. Chinnamma,No.202, Palace View Apartments, RAmana Maharshi Road,sadashivanagar,Bangalore.—. RBSPONDBENT (BY SRI ASHOK A KULKARNI, ADVOCATE FORM/S. K.R. PRASAD) | This ITA is filed under Section J6O0O-A of thIncome Tax Act, 1961 arising out of Order dated 23.12.2008 passed in ITA No. 268/Bang/2008, for theassessment year 2004-05 praying to formulate thesubstantial questions of law stated therein and to allowthe appeal and set aside the order passed by the ITATBangalore in ITA No.268/Bang/2008, dated 23.12.2008and confirm the order passed by the AssistantCommissioner of Income Tax, Central Cuircle-1(2),Bangalore, in the interest of justice and equity. This Income Tax Appeal coming on for Hearingthis day, N. Kumar J., delivered the following: JUDGMENT The revenue has preferred this appeal against theorder passed by the Tribunal holding that the case ofthe assessee falls under Section 2(14)(i1)(b) of theIncome Tax Act, 1961 (hereinafter referred to as the‘Act’?) and therefore, there is no liability to pay any taxon capital gains. 2. The case of the revenue is that the land inquestion falls within the Bangalore International AirportArea Planning Authority which is a notified areacommittee and therefore, it is Section 2(14)(111)(a) of theAct that is attracted and therefore, the land in questionceases to be an agricultural land and the assessee is.liable to pay the tax on capital gains but the saidquestion has not been gone into at all by the Tribunal. — Therefore, it is appropriate to remand the matter back to the Tribunal to consider whether the case of the’assessee falls under Section 2(14)(1)(a) of the Act andthen pass appropriate orders. Hence, we pass thefollowing: ORDER *8The appeal is partly allowed; **8The matter is remitted back to theTribunal to consider whether the case oftheaSSESSCECfallsunder.Section|2(14)(i1)(a) of the Act and then decidewhether the liability to pay capital gain tax is"attracted to the land in question,Tribunal to consider whether the case oftheaSSESSCECfallsunder.Section|2(14)(i1)(a) of the Act and then decidewhether the liability to pay capital gain tax is"attracted to the land in question, od/-|JudgeSd/-Judge Nsu/-_