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Wealth Tax Officer, Ward-2, Fatehabad Versus Shri Kulbir Singh & Rajinder Singh, S/o Shri Mangal Singh, L/Hs of late Smt. Thakur Kaur, D/o Late Shri Ram Singh

2016 (4) TMI 941 - ITAT DELHI

Agriculture land situated within the limits of Municipal Corporation of Amritsar - whether CWT(A) has erred in holding that the agriculture land situated within the limits of Municipal Corporation of Amritsar is not taxable thereby allowing the relief by ignoring the provisions of section 2(ea) of the Wealth-tax Act whereby w.e.f. 1.4.93, the urban land is included in the definition of “assets”? - Held that:- As per proviso to clause (b) of Section 2(ea), the land which is classified as agricult .....

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the revenue record and has been used for agricultural purposes. Learned DR has requested for setting aside the matter to the file of the Assessing Officer for verification of the above fact.

We find that the assessee has stated these facts before the Assessing Officer which have not been controverted. Moreover, the assessment year under consideration is 2000-01 i.e., being more than 15 years old and the tax effect is less than ₹ 1 lakh. Considering all these facts, in our opin .....

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ra Kamble, Judicial Member For the Appellant : Shri P. Dam Kanunjna, Senior DR For the Respondent : Shri Somil Aggarwal, Advocate ORDER Per G. D. Agrawal, VP This appeal by the Revenue for the assessment year 2000-01 is directed against the order of learned CIT(A), Rohtak dated 18th November, 2008. 2. The only ground raised by the Revenue reads as under:- On the facts and in the circumstances of the case, the ld.CWT(A) has erred in holding that the agriculture land situated within the limits of .....

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h-tax Act. 4. Learned counsel for the assessee has pointed out that as per proviso to Section 2(ea), if the asset is recorded as agricultural land within the revenue record and agriculture operation is carried on such land, then it will not be an asset for the purpose of wealth tax. He also referred to the assessee s reply furnished before the Assessing Officer wherein the assessee has clearly mentioned that the land is used for agricultural purposes and, as per revenue record, it is agricultura .....

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this sub-section reads as under:- [(b) urban land means land situate - (i) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand; or (ii) in any area within the distance, measured aerially, - (I) not being more than two kilometers, from the local limits of any .....

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which has a population of more than ten lakh, but does not include land classified as agricultural land in the records of the Government and used for agricultural purposes or land on which construction of a building is not permissible under any law for the time being in force in the area in which such land is situated or the land occupied by any building which has been constructed with the approval of the appropriate authority or any unused land held by the assessee for industrial purposes for a .....

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