9911796707
TMI Blog2022 (9) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... report from the Revenue Authority and find out whether during the relevant period the land purchased by the assessee continues to be agricultural land in revenue records or not and further it was used for agricultural purposes or not. In our view, Assessing Officer / ld.CWT(A) should have issued summons under the relevant provision of the Act and sought the documents / report about the nature of land and its uses during the relevant assessment years 2011-12 to 2013-14. We deem it appropriate to remand back all the three appeals with a common direction to the file of Assessing Officer for verification from the Revenue records as to 1) whether the land is situated in urban area; (2) if the land is situated in urban area, whether the same w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Wealth Tax (Appeals) enhancement. 3. The brief facts of the case are that assessee is an individual, is deriving income from house property, capital gains etc apart from agriculture. Assessee did not file his return of wealth for the impugned A.Y. 2011-12 within the due date u/s 14 and also u/s 17 of the Act read with the second proviso thereof. Meanwhile, during the course of assessment proceedings for A.Y. 2009-10, assessee filed a statement of net wealth and on the basis of which, it came to light that the assessee had taxable net wealth for various AYs including the impugned A.Y. 2011-12. Accordingly, the AO had reason to believe that the net wealth chargeable to tax for the impugned AY had escaped assessment within the meaning o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een issued in a certificate format giving the details of the officer and his designation. Also, the name of the officer is not appearing in the evidence furnished by the assessee. 8.13 More importantly, there is no date appearing in the said piece of paper indicating on which date the same has been issued. Accordingly, I am of the considered opinion that, prima facie, the said piece of paper cannot be admitted as evidence in support of the assessee's claim. 8.14 Be that as it may, even as per the contents of the letter, there is no specific mention as to the details of crops grown or cultivated by the assessee from the date of acquisition of the lands till the issue of the so-called certificate. 8.15 At this juncture, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of above mentioned two properties. Thus, the revised net taxable wealth of the assessee is computed as under: Sl. No. Description Agreed market value Stamp duty and registration charges Total amount of market value 1 Property No.1 at Gunadala 6,46,87,000 61,47,165 7,08,34,165 2 Property No.2 at Gunadala 98,67,000 9,37,615 1,08,04,615 Total 7,45,54,000 70,84,780 8,16,38,780 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Jaganadha Raju Nagar, Divi. Madhusudhan his son Divi Satya Sayee Babu his bearing Registered Document No. 1693/2008, 1694/2008, 1705/2008, 1709/2008, 1712/2008 has been purchased and in survey no. 119 Acres 0.75 Cents agricultural Land and the bearing Document No. 2652/2010 has been purchased. In the above mentioned 4.95 Cents, 0.75 Cents total extent of land and purchased the land from and till date I am in the possession of the land doing cultivation land. 8. Ld.AR further submitted that the above said documents were though available on record of the ld.CWT(A), however, the ld.CWT(A) did not cross verify the same by exercising powers vested in him. In fact our attention was drawn to Paras 7.10 and 7.11 of the ld.CWT(A) wherei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther, the ld.CIT(A) has passed a defective order which is self explanatory. Therefore, the same should be upheld. 10. We have heard the rival submissions and perused the material available on record. Undoubtedly, the urban land has been defined under the Act under clause (b) of Explanation 1 to clause (ea) of Section 2 of the Act. From the perusal of the above definition, it is clear that the land though situated in the urban area, but it would not be classified as an urban land, if the land continues to be reflected in the government record as agricultural land and land being used for agricultural purposes. 10.1. In our view, ld.CWT(A) was required to seek a report from the Revenue Authority and find out whether during the relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
