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ACIT (OSD) , Cir. 9 Ahmedabad Versus Shri Vijay H. Shah, C/o. M/s. Shah Enterprise

2015 (11) TMI 1050 - ITAT AHMEDABAD

Deletion in net wealth - Agriculture land or urban land - Held that:- Finding of the ld.CWT(A) would indicate that the ld.First Appellate Authority has relied upon the reasoning given by his predecessor. That reasoning has already been set aside by the Tribunal for re-adjudication. Therefore, we allow the appeal of the Revenue and set aside the impugned order. The issue is restored to the file of ld.CWT(A) for re-adjudication - Decision in assessee's own previous case followed [2013 (8) TMI 919 .....

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The WTA No.8/Ahd/2014 is against the order of the ld.CWT(A) dated 10.3.2014 passed for the Asstt.Year 2000-01 and WTA No.10/Ahd/2013 is against the order of the ld.CWT(A)-XV, Ahmedabad dated 25.3.2013 passed for the Asstt.Year 2003-04 under section 18(1)(c) of the Wealth Tax Act, 1957. The ld.AO has passed penalty vide orders dated 30-3-2009 and 17-3-2011 in the Asstt.Years 2003-04 and 2000-2001 respectively. WTA No.9/Ahd/2013 has arisen from the assessment order passed under section 16(3) r.w.s .....

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upon the assessee on 13.5.2005 requiring him to file return of net wealth. In response to the notice, the assessee has filed return of wealth on 22.02.2006 declaring net wealth of ₹ 73,00,200/-. On scrutiny of the return, it was revealed to the AO that along with return, the assessee has put a note whereby it has mentioned a list of 17 agriculture land owned by him. This list has been reproduced by the AO at page no.5 of the impugned order. The assessee has contended that these agriculture .....

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finding of the CWT(A) reads as under: 7. I have perused the facts of the appellant's case as gathered and discussed above from wealth asstt.order, Id.CIT(A) order both appellate as well as rectification order and from Hon'ble ITAT order. I have perused the facts as submitted by appellant. I have perused the case laws relied on by appellant. After careful consideration of facts, submission and ratio of various case laws, I am inclined to accept the contention of appellant that land situa .....

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t- "I am inclined to accept the contention of the appellant that mere potentiality to exploit an agriculture land or development around the same land will not change the character of the land as Agri. Land. As on valuation date if no permission is sought for conversion of Agri. Land then as on that date the character of land remained agri. land and not 'urban land' I am inclined to accept the contention of the appellant that ratio of Hon'ble Delhi High Court in the case of DCM L .....

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ome other purpose, purchase the land for a higher price and thereafter, change the use, for the first holder the property would not change its character so long as he himself does not change the use or put the land to some other use, after getting the conversion of use from the competent authority / officer. The agri. Land's price per acre or vigha or per square yard, would not be decisive for coming to the conclusion that the land in dispute is agriculture or non agri. If the land is so rec .....

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t justified. The A.O. is directed to delete the addition so made. The appellant gets relief accordingly." It is therefore, in this case, on the similar facts and for same lands (In A.Y. 07-08 appellant's appropriate share of these lands were taken while in impugned A.Y. 2003-04, the Id.CWT(A) ordered to take such share of appellant), following the ratio of Hon'ble Gujarat High Court and other courts and also my own order, the addition so made is held as not justified and A.O. is dir .....

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this order, he contended that once the order which has been relied upon by the ld.CWT(A) in this assessment year has already been set aside for re-adjudication, then this order also deserves to be set aside to the file of the ld.CWT(A). 6. The ld.counsel for the assessee was unable to controvert the contentions of the ld.CIT-DR. He submitted that the ld.CWT(A) has decided the issue in favour of the assessee and in view of the retrospective amendment, this amount cannot be included in the total w .....

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d ₹ 59,84,000/- made in respect of Ambali, Vejalpur and Makarba village lands, respectively by holding these lands as agricultural lands. 2. On the facts and in the circumstances of the case, the ld.CWT(A) ought to have upheld the order of the AO. 3. The learned DR supported the assessment order, whereas, it is submitted by the learned AR of the assessee that although this issue is covered against the assessee by the Tribunal decision in assessee s own case for A.Y.2000-2001 in WTA No.28/A .....

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ent in Wealth-tax Act, 1957 by way of Finance Act, 2013 with retrospective effect from 1.4.1993, as per which clause (ea) of section 2 of Wealth Tax Act, 1957 was amended. He submitted that either this appeal of the assessee may be kept pending till the disposal of the appeal by the Hon ble Gujarat High Court or it may be restored back to the file of the ld. CWT(A) for fresh decision in the light of this retrospective amendment. 4. We have considered rival submissions. We find that a recent amen .....

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n in light of the retrospective amendment, as per which clause (ea) of section 2 of Wealth Tax Act, 1957 was amended. 5. In the result, the appeal of the Revenue is allowed for statistical purpose. 8. There is no dispute on facts. The finding of the ld.CWT(A) extracted supra would indicate that the ld.First Appellate Authority has relied upon the reasoning given by his predecessor. That reasoning has already been set aside by the Tribunal for re-adjudication. Therefore, we allow the appeal of th .....

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