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Issues Involved:
1. Valuation of immovable property for wealth tax purposes. 2. Eligibility for exemption under section 5(1)(iva) of the Wealth-tax Act, 1957 for agricultural land. Detailed Analysis: 1. Valuation of Immovable Property: The primary issue was the correct valuation of the immovable property known as "Nair Wadi property" for the assessment years 1970-71 to 1973-74. The property consisted of two plots, one with coconut trees and the other with several structures. The assessee valued the agricultural plot at Rs. 2,26,300 and the built-up area plot at Rs. 1,64,700, totaling Rs. 3,91,000 based on a Registered Valuer's report from 1968. However, the property was sold for Rs. 14,00,000 in 1973, with the agricultural portion valued at Rs. 9,00,000 and the non-agricultural portion at Rs. 5,00,000 in the sale deed. The department conducted two valuations: one during acquisition proceedings, valuing the property at Rs. 24,97,000, and another under section 16-A of the Wealth-tax Act, 1957, valuing it at Rs. 16,94,700 for 1970-71 and Rs. 17,71,200 for the remaining years. The Wealth-tax Officer (WTO) adopted these figures, rejecting the assessee's valuation. The assessee argued that the valuation report did not adequately discount several adverse factors affecting the property's value, such as litigation over marketable title and encroachments. The assessee suggested the property should be valued at Rs. 14,00,000, the actual sale price. After considering both sides, the tribunal agreed with the assessee that more discount should have been given in the valuation report, bringing the fair market value to Rs. 14,00,000, the actual sale price. The tribunal directed the WTO to adopt this value for all four assessment years. 2. Eligibility for Exemption under Section 5(1)(iva): The second issue was whether the 5657 sq. yds. plot with coconut trees qualified as agricultural land for exemption under section 5(1)(iva) of the Wealth-tax Act, 1957. The Finance Act, 1969, inserted clause (iva) in section 5(1), exempting agricultural land up to Rs. 1,50,000 from being included in the net wealth of the assessee. The WTO denied the exemption, arguing that the land fell under a Town Planning Scheme, no agricultural activities were conducted, and it was within a municipality's jurisdiction, thus not qualifying as agricultural land under section 2(14)(iii) of the Income-tax Act, 1961. The tribunal noted that the term 'agricultural land' was not defined in the Wealth-tax Act, 1957, and the definition in the Income-tax Act was irrelevant for wealth tax purposes. The tribunal relied on Bombay High Court decisions in CWT v. H.V. Mangule and CWT v. Podar Mills Ltd., which emphasized that land classified as agricultural in revenue records and assessed to land revenue should be considered agricultural land unless converted to non-agricultural use. The tribunal found that the plot was classified as agricultural land in revenue records, used as a coconut garden, assessed to land revenue, and never converted to non-agricultural use. The land continued to grow coconut trees during the relevant assessment years. Based on these facts and applying the principles from the Bombay High Court decisions, the tribunal concluded that the plot qualified as agricultural land, and the exemption under section 5(1)(iva) was allowable. Conclusion: The tribunal partly allowed the appeals, directing the WTO to adopt the property's value at Rs. 14,00,000 for all four assessment years and to grant the exemption under section 5(1)(iva) for the agricultural plot.
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