2013 (8) TMI 919 - AT - Income Tax

Summary

Issues involved: Appeal against the order of the Commissioner of Wealth-Tax (Appeals)-XV, Ahmedabad for A.Y.2007-2008 regarding the classification of Ambali, Vejalpur, and Makarba village lands as agricultural lands.

Issue 1: Classification of lands as agricultural lands

The Revenue contended that the lands in question were wrongly classified as agricultural lands, leading to the deletion of certain additions. The Revenue argued that the ld.CWT erred in law and on facts in deleting the additions made. The learned DR supported the assessment order, while the learned AR of the assessee referred to a Tribunal decision in the assessee's own case for A.Y.2000-2001, which was under appeal before the Hon'ble Gujarat High Court. The AR highlighted a retrospective amendment in the Wealth-tax Act, 1957 by the Finance Act, 2013, affecting clause (ea) of section 2. The Tribunal noted this retrospective amendment and decided to set aside the order of the ld. CWT(A) for a fresh decision in light of the amendment. The Tribunal emphasized that the ld. CWT(A) should reconsider the issue based on the retrospective amendment, leading to the appeal of the Revenue being allowed for statistical purposes.

Conclusion: The Tribunal allowed the appeal of the Revenue for statistical purposes, directing the ld. CWT(A) to decide the classification issue afresh in light of the retrospective amendment to clause (ea) of section 2 of the Wealth Tax Act, 1957.