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TMI Blog1996 (12) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... ated at villages Harni, Sawad, and Baroda Kasba were agricultural lands through mistake the nomenclature of land was mentioned as agricultural by the Wealth-tax Officer without giving any findings to that effect ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the assessee was entitled to exemption under section 5(1)(iva) of the Wealth-tax Act, 1957 ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the valuation of the lands at Rs. 10,50,000 taken by the Wealth-tax Officer and confirmed by the Appellate Assistant Commissioner for determining the 1/7th share of the assessee in the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the purpose of valuation. The valuation of the property was taken as Rs. 10,50,000 for the year 1970-71 and a uniform increase of price at the rate of Rs. 70,000 for each subsequent assessment year was adopted and the Wealth-tax Officer was directed to recast his order on the basis of the said valuation, for the assessment years 1970-71 to 1974-75. Against the Commissioner's order, the assessee approached the Tribunal contending that the lands in question were agricultural lands and that this was borne out from the fact that they were treated as agricultural lands for the subsequent assessment years 1975-76 to 1977-78. The Tribunal held that the lands in question should be treated as agricultural lands in the years under appeal unless ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and if it is not to be put to such use, it would be non-agricultural land. However, this test may not always be a correct guide for, there may be cases where land which is admittedly non-agricultural, may be temporarily used for agricultural purposes. Whether a particular land is agricultural land or not would depend on the general nature or character of the land and various other factors. These factors would include the development and use of land in the adjoining areas, meaning thereby its situation, the physical characteristics of the land to show whether it is capable of being put to agricultural use, the actual user over a period of time, and the intention of the owner in regard to the user of the land. If the lands are included in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t years which were not challenged, drew an inference that these lands were agricultural lands for the purpose of the relevant assessment years and, therefore, they were required to be exempted. In view of the material which was on record before the Tribunal, as reflected in the order of the Commissioner, the Tribunal committed an error in assuming that there was only a mistake in describing the land as agricultural land, committed by the Wealth-tax Officer. The Tribunal ought to have gone into the relevant factors with a view to ascertain whether the land in question was agricultural and for the purpose of deciding whether it should have been exempted and having come to an appropriate finding on that aspect, it ought to have then considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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