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2018 (10) TMI 685

e Wealth Tax Act - CIT(A) has deleted the lands situated at Mysuravaripalle Village - Assessee has claimed that these lands are agricultural lands, even though situated within 8 KMs from the municipal limits but construction on these lands is not permissible as these lands were not converted into urban lands - Held that:- Assessee has not brought on record any evidence in support of the above claim, but she prayed before the Assessing Officer that this may be verified with the SRO and appropriate action may be taken by the Assessing Officer. Now, we noticed from the additional evidence submitted by assessee relating to agricultural activities in the lands situated at Mangalam and Venkatramapuram Villages which are issued by village auth .....

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her return of income for the AY. 2007-08 on 25-10-2010. The Assessing Officer noticed that after observing the balance sheet filed along with the return of income that the assessee is in possession of assets that attracts wealth tax, whereas the assessee has not filed return of wealth. Therefore, notice u/s. 17, dt. 25-08-2011 was served on the assessee on 29-08-2011. In response to the notice, the assessee filed return of wealth on 19-11-2012 admitting net wealth of ₹ 53,78,132/-. Subsequently, the case was selected for scrutiny and notice u/s. 16(2) was issued and served on the assessee and assessment was completed u/s. 16(3) r.w.s. 17 of the Wealth Tax Act on 22-03-2013. The main issue under contest by the assessee is towards incl .....

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.2. Aggrieved with the order of the CIT(A), the assessee preferred present appeal before us raising the following grounds of appeal: 1. The learned Commissioner of Incometax (Appeals) is not justified in confirming the order of the Assessing Officer treating the agricultural lands at Venkatapuram, Avilala and Mangalam as nonagricultural lands . Ground No. 2 is general in nature. 3. Before us, the assessee brought on record additional evidence with a petition for admission of the additional evidence. This additional evidence is relating to the lands situated at Mangalam Village and Venkatramapuram Village, since these are certificates issued by Sarpanch of Gram Panchayat, relating to cultivation. Therefore, these certificates are accepted as .....

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m the respective Panchayat Board. Since the assessee has not submitted any evidence relating to two lands situated at Avilala Village, therefore, the Assessing Officer is directed to verify these lands in person and make the appropriate addition or deletion to the wealth of the assessee. Therefore, the appeal filed by the assessee is remitted to the file of the Assessing Officer with a direction to give a proper opportunity of being heard to the assessee. 4.2. Since the facts for the AYs. 2008-09 & 2009-10 are also identical, these two appeals are also remitted back to the Assessing Officer, as per the direction given for the AY. 2007- 08, herein above. 5. In the result, all the appeals are allowed for statistical purposes. Order pronou .....

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