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2022 (9) TMI 615 - AT - Wealth-taxNet wealth estimation - nature of the land sold - Whether land is required to be treated as agricultural land irrespective of the fact, it is situated in urban area? - HELD THAT:- 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. CWT(A) was required to seek a 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 was mentioned in government records as agricultural land or not (3) whether the land is continued to be used for agriculture purpose during the relevant period and 4) Whether the predecessor in interest was carrying out the agricultural activities during the period. We deem it appropriate to remand back the matter to the file of Assessing Officer for denovo passing the assessment order afresh.
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