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2018 (9) TMI 1567 - AT - Wealth-taxValidity of re-opening the assessments of wealth - AO brought the lands situated at Akkelenahalli–Mallenahalli villages under the ambit of wealth and adopting the guideline value of the lands, brought the same to tax under the Act - land is situated within 8 Km from BBMP by following Straight Line method (SLM) for measurement of distance - Held that:- We find that the said issue is covered in favour of the assessee by decision of the co-ordinate bench of this Tribunal in the aforesaid two assessees’ cases, along with other co-owners in which the Tribunal held that BIAPPA does not qualify to be an authority and therefore, the said lands are agricultural lands and not urban land or capital assets as canvassed by Revenue. Consequently, ground of Revenue’s appeal is dismissed. Whether the distance has to be considered as the crow flies i.e the distance has to be calculated aerially and not by road? - Held that:- In the case of CIT vs. Satinder Pal Singh (2010 (1) TMI 752 - PUNJAB AND HARYANA HIGH COURT) it was held that the reckoning of urbanization as a factor for prescribing the distance is of significance which would yield to the principle of measuring distance in terms of approach roads rather than by straight line or horizontal plane or as per crows flight’. Thus, it is clear to us that for the period under consideration, in the appeals before us i.e. assessment year 2007-08 the distance has to be calculated by road and not as the crow flies or by straight line. In this factual and legal matrix of the case, as discussed above, ground No.2 raised Revenue is dismissed. The said lands in question are not ‘urban lands’ but ‘agricultural lands’ and hence not exigible to wealth-tax. Consequently, Revenue’s appeals are dismissed. See assessee’s own case[2015 (11) TMI 951 - ITAT BANGLORE]. - Decided in favour of assessee
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