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TMI Blog2012 (7) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... -5-2012 - DR. O.K. NARAYANAN, SHRI V. DURGA RAO, JJ. Revenue by : Shri Mohendra Singh CIT, DR. Assessee by : Shri M. Swaminathan, Advocate O R D E R Per V. Durga Rao, JM : These appeals pertain to four different but connected assessees against the common order of the ld. CWT(A)- I Coimbatore dated 28.09.2011 for Assessment Year 2008-09. Facts and circumstances of these appeals being identical, we are disposing off these appeals through this consolidated order for the sake of brevity and convenience. 2. First we shall take up the case of the assessee Shri Mohammed Ibrahim. Facts, in brief, pertaining to this case are that the assessee had filed return of income admitting net wealth of Rs. 1,35,78,103 on 11.9.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... WT(A). 3. Before the ld. CWT(A), the ld. A.R. reiterated the submissions which he has made before the Assessing Officer and submitted that the assessee is carrying on agricultural activities only on the lands which are in dispute,. Therefore, no Wealth tax has to be paid and relied on the decision of the Hon'ble Jurisdictional High Court in the case of CWT Vs. E. Udaya Kumar. 4. After considering the submissions of the ld. A.R., the CWT(A) has observed that according to section 2(ea) of the W.T. Act, any land situated within urban area has to be assessed within the meaning of section 2(ea) of the Act provided the land on which construction of which is not permissible under any law. In the case of the assessee, it is found that the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rders of the authorities below as well as the relevant material available on record. The case of the Assessing Officer is that the lands are situated in urban area and the assessee has to pay wealth tax and held that the assessee is not eligible for exemption from Wealth-tax simply because he is carrying on agricultural activities in the land. The ld. Commissioner of wealth-tax confirmed the order of the Assessing Officer on the ground that the assessee s lands come within the purview of urban lands. The above fact is not disputed by the assessee. Therefore, the wealth tax provisions apply to the case of the assessee. The question before is as to whether the assessee is eligible for exemption under the Wealth-tax Act or not? It is an admitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... committee, town committee, or by any other name] or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the valuation date; or (ii) in any area within such distance not being more than eight kilometres from the local limits of any municipality or cantonment board referred to in sub-clause (i) as the Central Government may, having regard to the extent of and scope for urbanization of that area and other relevant considerations, specify in this behalf by notification in the Official Gazette. But does not include land on which construction of a building is not permissible under any law for the time being in force in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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