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Query regarding agricultural land

Ishan Kakkar (Others) (58 Points)

11 February 2017

Hello!

I have a land which is under the jurisdiction of a Gram Panchayat which has a polulation of about 26000 but this land is about 6 KM away from the nearest municipality. Will this land be considered as Capital Asset?

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (178177 Points)
Replied 11 February 2017

First of all, aerial distance is measured and not road distance. Secondly population of the municipality is considered and not GP.

Refer: It is proposed to amend item (b) of sub-clause (iii) of clause (14) of section 2 so as to provide that the land situated in any area within the distance, measured aerially (shortest aerial distance), (I) not being more than two kilometers, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten thousand but not exceeding one lakh; or (II) not being more than six kilometers, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than one lakh but not exceeding ten lakh; or (III) not being more than eight kilometers, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten lakh, shall form part of capital asset. It is also proposed to define the expression “population” to mean population according to the last preceding census of which the relevant figures have been published before the first day of the previous year.

Extract: https://indiabudget.nic.in/budget2013-2014/ub2013-14/mem/mem1.pdf

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Ishan Kakkar (Others) (58 Points)
Replied 11 February 2017

Originally posted by : Dhirajlal Rambhia
	First of all, aerial distance is measured and not road distance. Secondly population of the municipality is considered and not GP. Refer: It is proposed to amend item (b) of sub-clause (iii) of clause (14) of section 2 so as to provide that the land situated in any area within the distance, measured aerially (shortest aerial distance), (I) not being more than two kilometers, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten thousand but not exceeding one lakh; or (II) not being more than six kilometers, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than one lakh but not exceeding ten lakh; or (III) not being more than eight kilometers, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten lakh, shall form part of capital asset. It is also proposed to define the expression “population” to mean population according to the last preceding census of which the relevant figures have been published before the first day of the previous year. Extract: https://indiabudget.nic.in/budget2013-2014/ub2013-14/mem/mem1.pdf