TMI Blog2015 (9) TMI 1249X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the issue on the basis of certificate dated 27.11.2009 issued by the Town and Country Planning, Shimla, as per which certificate, no construction activity could be started on the land under construction without obtaining prior approval of the Competent Authority. Pertinently, though this certificate, dated 27.11.2009 stands filed before the WTO, this certificate has not been taken into consideration by the WTO while passing the assessment order dated 9.12.2009 for Assessment Year 2002-03. For the other years also, the position remains likewise. The only unescapable conclusion is that the land of the assessee has rightly been held by learned CWT(A) to be exempt from the definition of "asset" within the meaning of section 2(ea) of the W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The WTO further observed that since the aggricultural land of the assessee was situated in Mauza Kasumpti Koti, Tahsil and District Shimla, which falls within the specified limits of the Municipal Corporation, Shimla, where there was no restriction of construction or development of land by any Act for the time being in force, as on the respective dates of valuation as per the Wealth Tax Act, the land of the assessee was covered under the definition of asset‟ within the meaning of Section 2(ea) of the Wealth Tax Act. 4. The learned CWT(A), however, held that the assessee‟s land was agricultural land and agricultural operations were being carried out thereat and that so, the land was covered by the exemption in the definition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad filed before the WTO as well as CWT(A), a certificate dated 27.11.2009, issued by the Town and Country Planner, Divisional Town Planning Officer, Shimla. The evidence with regard to the land being agricultural and agricultural operations being carried on thereat is in the shape of Kissan Card along with Khasra girdawari (wrongly mentioned as Jamabandi by the assessee), (APB 20-22). APB 18-19 is a copy of letter/ written submission dated 1.12.2009 filed by the assessee before the WTO. This letter contains mention of the Kissan Card (supra), which is also observed by the learned CWT(A) to have been filed by the assessee before the WTO as well as before him. The Kissan Card shows the assessee to be a farmer of village Kusumpti Koti, Tahsil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ale proced must have been desposited in the HUF Bank A/C. For the second part, assessee first executed General Power of Attorney on a Stamp Paper dated 30.04.2003 in his individual capacity in favour of Shri Anudeep Kumar s/o Shri Jagdip Singh, of Shimla, Shri Rajesh Kumar s/o Shri Paras Ram of Shimla and Shri Sandeep Kumar s/o Shri Jagdip Singh of Nahan and then as claimed by him that the said land was sold to the above attorney holders as per Agreement to Sell dated 30.04.2003 in his individual capacity. In this case also, had the said property owned by the HUF, the same might have been sold through Shri Joginder Singh in the capaciy of Karta of HUF but in both cases the property was sold by Shri Joginder Singh in his individual capacit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the WTO, this certificate has not been taken into consideration by the WTO while passing the assessment order dated 9.12.2009 for Assessment Year 2002-03. For the other years also, the position remains likewise. 12. For the above discussion, in our considered opinion, the only unescapable conclusion is that the land of the assessee has rightly been held by learned CWT(A) to be exempt from the definition of asset‟ within the meaning of section 2(ea) of the Wealth Tax Act, as amended by the Finance Act 2013 with retrospective effect from 1.3.1993. 13. In view of the above, finding no error whatsoever therein, the ordes of the learned CWT(A) for all the years under consideration are upheld. The grievance of the department, l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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