9911796707
TMI Blog2013 (9) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... l the amended provisions or not had to be examined - Therefore, in pursuance of amendment through Finance Act, 2013, as mentioned which amendment was clarificatory in nature. It was appropriate to set aside the matter to the file of the W.T.O. to examine the documents lead by the assessee as required in the amended provisions and decide the issue accordingly afresh in view of the said amendment in Explanation-1 to section 2(ea) with retrospective effect 01.04.1993 - The A.O. was directed to provide reasonable opportunity of being heard to the assessee in this regard - Thus, the appeal of the assessee in WTA No.15(Asr)/2013 for the assessment year 2002-03 was allowed for statistical purposes - Decided in favour of Assessee. - WT Appeal Nos. 11 to 52 ( Asr.) of 2013 - - - Dated:- 23-7-2013 - H.S. SIDHU AND SH. B.P.JAIN , JJ. For the Appellant : Ashwani Jadeja. For the Respondent : Amrik Chand. ORDER:- PER BENCH: - These 42 appeals of 12 different assessees arise from the orders of the CWT(A), Bathinda each dated 21.03.2013 for different assessment years, as mentioned hereinbelow are having identical facts and therefore, we take up all the 42 appeals of 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f all, we take up appeal of the assessee in the case of Bawa Yadwinder Singh, Muktsar, in WTA No.15(Asr)/2013 for the assessment year 2002-03 and our decision hereinbelow shall be applicable identically in all other appeals mentioned hereinabove. 4. The facts of the case in the case of Bawa Yadwinder Singh, Muktsar, in WTA No.15(Asr)/2013 for the assessment year 2002-03 as arising from the order of the W.T.O. are reproduced for the sake of convenience as under: The assessee filed his return of net wealth on 02.12.2009 declaring the following immovable properties as exempt:- Description of assets Reasons for the claim Agricultural land at Vill. Bir Sarkar Not being urban land Residential house at Vill. Bir Sarkar One house is exempt Cash in hand(as per books) Rs. 172923 Claim exempt Statutory notices were issued, served and complied with. Sh. Yadwinder Singh Bawa alongwith Sh. Ashwani Juneja, ITP, attended the assessment proceedings and furnished the requisite details and information. From the details, it is seen that the properties shown in the return are asset of the assessee liable for wealth tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee, town areas 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 of date; or (ii) in any area within such distance, not being more than eight kilometers 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.' 4. There is no dispute that the lands in question are either within the limits of Muktsar town or within one km. away from municipal limit of Muktsar town and hence value of these assets is assessable under the provisions of W.T. Act. The contentions raised are devoid of any merit because the lands are within the municipal limits or within the specified limit and hence are liable for wealth tax. Further the facts of the case of decision quoted by the assessee relates to the assessment years 1973 to 1975 and the same is not applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has raised the issue that the agriculture land owned by the appellant is located within the jurisdiction of Chak Bir Sarkar which has not been mentioned in notification dated 06.01.1994 by which distance of 1 km. from Municipal Limits of Muktsar in all directions has been notified u/s 2(14)(iii)(b). The A/R of the appellant has relief on the decision of I.T.A.T. Bench, Chandigarh in the case of ITO v. Khazan Singh in I.T. Act, 1961 No. 53 (Chd)/2005 for A.Y. 2002-03. The copy of the order of the I.T.A.T., Chandigarh and copy of the relevant extracts from the notification has been placed on record. The Hon'ble I.T.A.T. in para 4 of the order that the agriculture land which is located within the jurisdiction of a village which has not been notified in the notification is not a capital asset and no capital gains can be levied on the sale of the same. I have gone through the findings of the Hon'ble I.T.A.T. in para 4 of the order but I find that the following words has been used in the notification dated.1994:- "29. Muktsar ..... Area upto a distance of 1 Km. from municipal limits in all direction. There is no dispute that the agriculture land in question which is locate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and as defined u/s 2(ea) of the Wealth Tax Act, 1957 and the A.O. is justified in treating the same as taxable asset. Hence, the ground of appeal is dismissed.' 6. We have heard the rival contentions and perused the facts of the case. It was brought to our notice by both the parties present before us that there is an amendment in section 2(ea) of the Wealth Tax Act, 1957 where clause (b) to Explanation (1) has been substituted by the Finance Act, 2013 with effect from 01.04.2014 but the words in bold letters below have been substituted with retrospective effect i.e. from 01.04.1993. The same is reproduced, for the sake of convenience as under: (b) "urban land" means land situate (i) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not more than ten thousand; or (ii) in any area within the distance, measured aerially, (I) not being more than two kilometers, from the local limits of any municipality or cantonment board referred to in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from 01.04.1993 in the Wealth Tax Act, as reproduced hereinabove, whether the said land which has been claimed as exempt by the assessee in the return of wealth has complied with all the amended provisions or not has to be examined. Therefore, in pursuance of amendment through Finance Act, 2013, as mentioned hereinabove, which amendment is clarificatory in nature, we find it appropriate to set aside the matter to the file of the W.T.O. to examine the documents lead by the assessee as required in the amended provisions mentioned hereinabove and decide the issue accordingly afresh in view of the said amendment in Explanation-1 to section 2(ea) with retrospective effect 01.04.1993. The A.O. is directed to provide reasonable opportunity of being heard to the assessee in this regard. Thus, the appeal of the assessee in WTA No.15(Asr)/2013 for the assessment year 2002-03 is allowed for statistical purposes. 8. Since the facts in all other appeals mentioned hereinabove are identical to the facts in the case of Bawa Yadwinder Singh, in WTA No.15(Asr)/2013 for the A.Y. 2002-03, therefore, our decision hereinabove in the case of Bawa Yadwinder Singh in WTA No.15(Asr)/2013 is identically ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
