TMI Blog2014 (11) TMI 1198X X X X Extracts X X X X X X X X Extracts X X X X ..... The intention of the legislature appears to be that the land which falls within this exception would have to be excluded from the ambit and scope of the expression urban land . Thus, the land owned and possessed by the assessee would not fall within ambit of the Section 2(ea)(b) and the learned Authorities were also not right in coming to the conclusion that the construction was possible on the lands covered by the trees. The land on which the trees are standing cannot be treated at par for the purpose of market value with the land on which the construction is possible. The land on which the trees are standing, construction is not possible without seeking permission from the competent authorities and thus the market value of this lan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Officer against the appellant on 27.12.2006. He preferred appeal against the order dated 27.12.2006 before the Commissioner of Wealth Tax (Appeals), Shimla. The Commissioner of Wealth Tax (Appeals), Shimla, dismissed the same on 22.9.2008. The appellant challenged the order dated 22.9.2008 before the Income Tax Appellate Tribunal, Chandigarh Bench 'B'. The Income Tax Appellate Tribunal, Chandigarh Bench 'B', dismissed the same on 30.1.2009. Hence, this present appeal. 4. Mr. Vishal Mohan, Advocate, for the appellant has vehemently argued that the impugned land is agriculture land and does not fall within the definition of urban land . In other words, his submission is that it was beyond the purview of Wealth Tax. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess 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 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, but does not include land classified as agricultural land in the records of the Government and used for agricultural purposes or land on which construction of a building is not permissible under any law for the time being in force ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble under any law for the time being in force in the area whether the land is situated or land occupied by any building. The intention of the legislature appears to be that the land which falls within this exception would have to be excluded from the ambit and scope of the expression urban land . 9. Thus, the land owned and possessed by the appellant-assessee would not fall within ambit of the Section 2(ea)(b) and the learned Authorities were also not right in coming to the conclusion that the construction was possible on the lands covered by the trees. The land on which the trees are standing cannot be treated at par for the purpose of market value with the land on which the construction is possible. The land on which the trees are sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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