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TMI Blog2018 (1) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... ppreciating the submissions of the Appellant erred in passing the order in the manner in which she did. 2. The learned CWT(A) erred in not appreciating that the conditions required to invoke jurisdiction u/s 17 of the Act being absent, the assessment ought to be held non-est and bad in law. There being no omission much less an omission of declaration of wealth in the relevant assessment year in the return of net wealth filed by the Appellant, the re-opening of the assessment u/s.17 was without jurisdiction and consequently the reassessment was liable to be annulled. 3. The learned CWT(A) failed to appreciate that the order passed under Section 16(3) read with Section 17 of the Act was opposed to law and liable to be cancelled in that the assessing officer proceeded to pass the order along with the adjudication of the objections raised by the Appellant. 4. The learned CWT(A) ought to have appreciated that the assessment proceedings should have been commenced only after adjudication of the objections and having failed to do so, the assessment order passed was opposed to law and accordingly liable to be cancelled. 5. On the facts and in the circumstances, the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee has invited our attention that the issue involved in these appeals is with regard to the nature of land for the purpose of Wealth-tax Act. During the course of hearing, our attention was invited that the impugned land is jointly owned by the assessee as well as A.N. Manidatta (HUF). In the case of A.N. Manidatta (HUF), the Tribunal has adjudicated an identical issue and has held that after conversion of use of this land, the land has become nonagricultural land and is an asset for the purpose of Wealth-tax Act. The ld. Counsel for the assessee further contended that in the case of A.N. Manidatta (HUF), the Tribunal has not examined the revenue records and the contention of the assessee that despite the conversion of land for non-agricultural purposes, the land continued to be used as agricultural land. Therefore, this case should be decided independently without being influenced by the order of the Tribunal in the case of A.N. Manidatta (HUF) in WTA Nos.1 to 5/Bang/2016 dated 15.03.2017. 3. The ld. DR, on the other hand, has contended that the Tribunal has taken a view after taking all relevant evidence placed before it and once it is held that portion of the said land is c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law for the time being in force in the area in which such land is situated or the land occupied by any building which has been constructed with the approval of the appropriate authority or any unused land held by the assessee for industrial purposes for a period of two years from the date of its acquisition by him or any land held by the assessee as stock-in-trade for a period of ten years from the date of its acquisition by him; 09. There is no distinction in respect of agricultural land in the above provision. In the definition of urban land given in cl. (b) to Expln. 1 to S. 2(ea), there is no exclusion provided for agricultural land. Therefore, agricultural land which is urban land is includible in the definition of asset' in s. 2(ea). Subsequently, the definition of urban land in the Wealth Tax Act, 1957 has been amended by Finance Act 2013 w.e.f. assessment year, 1993-94 to specifically provide that wealth tax is not leviable on urban land which is, (i) classified as agricultural land in the records of the Government; and (ii) used for agricultural purposes. Thus, both conditions that is the land in question should be agricultural land and it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the occupant of the land. (2) The Converted land must be used for the Industrial purpose only. The land shall not be used for any other purpose without obtaining prior permission. (3) The proposed Layout Plan of this land and licence etc. must be got approved by the Bangalore Development Authority! B. M .R. D A. (Local Planning Authority), B. M.I.C.AP.A. /Pollution Control Board and thereafter building may be constructed in conformity with the approved plan. Without obtaining approval for Layout Plan in this land, no alienation shall be made. (4) The other necessary Road area, Road margin, vacant space, etc. shall be reserved for the required purpose after fixing the required extent in accordance with law and also as stipulated in the Layout plan approved by the Bangalore Development Authority/ B.M,R.D.A. (Local Planning Authority)/ B.M.I.C.A.P.A. / Pollution Control (5) Without obtaining sanctioned Plan from the Authority concerned, Site/Building shall not be got registered. If the entire extent of converted is proposed to be sold, then this order will not come in its way. (6) In the interest of the public, it is the responsibility of the Applicant t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta in Sy.No. 14/1 of Peenya Village, Yeshwanthpur Hobli, Bangalore North Taluk, Bangalore District bounded on the: East by : S.M.Road; West by : Land in Sy.No. 11/3 of T.Dasarahalli; North by : Private land; South by : Private land. Sd/- (H. Ramanjaneya) Special Deputy Commissioner, Bangalore District, Bangalore. Copy sent to the following for taking suitable further action: (1) Tahsildar, Bangalore North Taluk, Bangalore along with original file and Challan, with a request to make entries in the concerned RTC regarding conversion of land in respect of the elated survey number and reduce the land tax in the Khatedar account in respect of this land, (2) Commissioner, BDA, Bangalore/ B.M.R.D.A. (Local Planning Authority), B.M.I.C.A.P.A., for taking further suitable action, (3) Assistant Commissioner, Bangalore North Sub Division, Bangalore. (4) Deputy Director, Survey and Land Records, Bangalore Sub Division, Bangalore, along with R.T.C. and Sketch, with a request to complete the Land Conversion Phode work immediately. (5) The Sub Registrar, Yeshwanthpur Hobli, Bangalore North Taluk, Bangalore for informati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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