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Measuring of aerial distance in income tax act

Mukesh Kuriyal 
on 25 January 2016

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DO YOU AGREE THAT CBDT HAS TAKEN RIGHT DECISION ON MEASUREMENT OF DISTANCE TO BE TAKEN AERIALLY AFTER ASSESSMENT YEAR 2014-15.

Recently on Dated 06/Oct/2015 CBDT issued a circular regardingMeasurementofthe distance for the purpose of section 2(14)(iii)(b) of the Income-Tax Act for the period prior to the Assessment Year 2014-15.

It clearly quotes that the “distance to be measured by the For the period prior to assessment year 2014-15, the High Court held that the distance between the municipal limit and the agricultural land is to be measured having regard to the shortest road distance. The said decision of the High Court has been accepted and the aforesaid disputed issue has not been further contested”.

It further quotes that the amendment prescribing “distance is to be measured aerially, applies prospectively i.e in relation to assessment year 2014-15 and subsequent assessment years”.

The CBDT clearly means that

PERIOD

How To Measure The Distance

Before 01/04/2014

By Road Distance(Shortest Road Distance)

From 01/04/2014

  • Aerially

This decision was taken because in almost 90%-95% cases of Capital gains The H’ble High Court Of Different States gave judgement in favour of the assessee. Even in the case of  Smt. Maltibai R Kadu quoted by CBDT the court said that the distance should be taken  which ever is in the favour of assessee.

I welcome the notification issued by CBDT but at the same time what is the logic that in case of the capital gain after 01/04/2014 the Measurement should be Aerially.

1. I think that Max Of the Capital Gain cases which went to the court or are in court  are prior to 01/04/2014.

2. The Max no of Judgements (in case of  sno 1) so far were going in favour of assessee.

3. But after few years again the cases will be pending in the courts regarding Capital Gains due to the measurement of aerial distance.

4. Logically speaking the Local Limits of Municipality are getting increased day by day then past years so its really ill-logical that “when the local limits of municipality are increasing the distance is to be measured aerially”  whereas “when the local limits of municipality are increasing the distance should be measured By road distance(The shortest Road distance)”

FOR MORE DETAILS PLZ GO TO: Do you agree with CBDT decisions or not


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