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2020 (8) TMI 288 - ITAT AHMEDABADValidity of the assessment framed u/s 16(3) read with section 17 of WT Act - wealth tax officer was in possession of the information about the acquisition of 2 adjoining residential plots of urban land at Bopal which were subject to the wealth tax as per the provisions of section 2(ea) of the Act - assessee before us contended that the assessee has acquired membership in Bopal Shobhan Cooperative Housing Society Limited and not the lands as alleged by the authorities below - HELD THAT:- On perusal of the orders of the authorities below, we find that it was alleged that the assessee has acquired 2 adjoining piece of lands and there was no mentioned whether such pieces of land was acquired in Bopal Shobhan Cooperative Housing Society Limited. Accordingly a query was posted to the learned AR for the assessee to justify whether the land in dispute is the same which were acquired in the Bopal Shobhan Co-operative Housing Society Limited through the membership. But the learned AR failed to substantiate the same based on the documentary evidence. Our apprehension is that there can be a possibility that the assessee has acquired other pieces of land other than the lands from such society. For this purpose, we have also perused the reason recorded for reopening the impugned assessment and found that there was also no reference made to the lands acquired from the society Matter needs to be re-examined at the level of the wealth tax officer in the light of the above stated discussion and as per the provisions of law. Both the learned AR and the DR did not raise any objection on remitting the matter back to the file of the wealth tax officer. Accordingly, at this stage, we do not find any reason to adjudicate the issue raised by the assessee on merit. Hence, the ground of appeal of the assessee is allowed for statistical purposes.
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