2015 (11) TMI 980 - AT - Wealth-tax

Addition in the value of wealth - whether the CWT(A), right in holding the impugned lands are urban lands and the BIAPPA is municipality or notified area as defined in section 2(14)(iii) of the Act - Held that - respectfully following the co-ordinate bench decisions in assessee own case in 2015 (11) TMI 951 - ITAT BANGLORE and also coordinate bench decision, we hold that the impugned lands are not urban lands within the meaning of section 2(ea) of the Wealth tax Act, 1957 and not exigible to wealth-tax. Accordingly, we set aside the CWT(A) order and delete the additions made by the assessing Officer. - charging of interest is mandatory and consequential, wherever there is a incidence of tax - Decided partly in favour of assessee.

Summary

Issues Involved:
1. Validity of reassessment proceedings.
2. Determination of whether the impugned lands are urban lands under section 2(ea) of the Wealth Tax Act, 1957.
3. Status of BIAPPA as a municipality under section 2(14)(iii) of the Act.
4. Charging of interest under section 17B of the Wealth Tax Act.

Detailed Analysis:

1. Validity of Reassessment Proceedings:
The assessee challenged the validity of the reassessment proceedings. However, during the course of the hearing, the Authorized Representative (AR) clarified that grounds challenging the reassessment were not pressed. Therefore, the Tribunal dismissed these grounds as not pressed.

2. Determination of Whether the Impugned Lands Are Urban Lands:
The main issue was whether the lands situated at Akkalenahalli-Mallenahalli Village, which were converted for non-agricultural purposes, fall within the definition of urban lands under section 2(ea) of the Wealth Tax Act, 1957. The Assessing Officer (AO) deemed these lands as urban since they were within 8 KM of BBMP and Devanahalli, and thus liable for wealth tax. The Commissioner of Wealth Tax (Appeals) [CWT(A)] upheld this view, treating BIAPPA as a municipality.

The Tribunal, however, referred to the assessee's own case in ITA No. 262/B/2013 and WTA No. 16/B/2014 to 29/B/2014, where it was held that the lands were agricultural and not capital assets under section 2(14) of the Income Tax Act, 1961. The Tribunal noted that the lands continued to be used for agricultural purposes up to the date of sale despite the conversion order and thus should not be considered urban lands for wealth tax purposes.

3. Status of BIAPPA as a Municipality:
The Tribunal examined whether BIAPPA could be treated as a municipality under section 2(14)(iii) of the Act. It referred to the decision in M.R. Seetharam (HUF) and the judgment of the Hon'ble High Court of Kerala in CIT v. Murali Lodge, concluding that BIAPPA is a planning authority and not a municipality. The Tribunal emphasized that a municipality must be an elected body, which BIAPPA is not.

4. Charging of Interest Under Section 17B:
The Tribunal held that charging interest under section 17B of the Wealth Tax Act is mandatory and consequential wherever there is an incidence of tax. Since the primary issue of whether the lands were urban was decided in favor of the assessee, the interest charge became irrelevant.

Conclusion:
The Tribunal set aside the CWT(A) order and directed the AO to delete the additions made under wealth tax. The appeals filed by the assessee were partly allowed, with the primary issue of the lands being urban lands decided in favor of the assessee. The charging of interest under section 17B was dismissed as it was consequential to the tax incidence. The order was pronounced in open court on 16th October 2015.