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Issues Involved:
1. Whether the lands in question are agricultural lands within the meaning of section 2(e)(i) of the Wealth-tax Act. 2. Whether the Tribunal was justified in holding that the lands are not agricultural lands despite past agricultural operations and their assessment as agricultural lands by the government. 3. Whether the Tribunal was justified in holding that the lands have ceased to be agricultural lands merely because agricultural operations were not carried out recently. Detailed Analysis: Issue 1: Definition of Agricultural Land The primary issue was whether the lands in question could be classified as "agricultural lands" under section 2(e)(i) of the Wealth-tax Act, which exempts agricultural land from wealth-tax. The court noted that the term "agricultural land" is not defined in the Act and, therefore, must be interpreted in its ordinary sense. The court emphasized that the intention of the owner to use the land for agriculture at a particular time is not a definitive factor. Instead, the general nature or character of the land, including its physical characteristics, surroundings, and the development of the adjoining area, must be considered. Issue 2: Tribunal's Justification The Tribunal's decision was challenged on the grounds that it did not consider the past agricultural use and the fact that the lands were assessed as agricultural by the government. The court, however, upheld the Tribunal's view that the lands had not been used for agricultural purposes for several years and were situated in a residential area with a town planning scheme in force. The court concluded that these factors indicated a shift in the character of the land from agricultural to non-agricultural. Issue 3: Agricultural Operations and Land Use The court rejected the argument that the mere capability of the land to be used for agricultural purposes qualifies it as agricultural land. The court stated that various factors, such as the development of the surrounding area, the physical characteristics of the land, and the owner's intention, must be considered. In this case, the lands had not been cultivated for over 20 years and were surrounded by residential buildings, indicating a non-agricultural character. The court also noted that the inclusion of the plots in a town planning scheme further supported the conclusion that the lands were not agricultural. Conclusion The court concluded that the lands in question were not agricultural lands within the meaning of section 2(e)(i) of the Wealth-tax Act. The court emphasized that the general nature and character of the land, rather than its mere capability for agricultural use, should determine its classification. The court answered the question in the negative and ruled that the assessee failed to show that the plots were agricultural lands. The assessee was ordered to pay the costs of the reference to the Commissioner.
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