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TMI Blog2018 (11) TMI 1437X X X X Extracts X X X X X X X X Extracts X X X X ..... he APPELLANT : ADV. SRI. P. K. R. MENON, SR. COUNSEL, GOI(TAXES AND SRI. JOSE JOSEPH, SC, FOR INCOME TAX JUDGMENT Vinod Chandran, J The four appeals under the Wealth Tax Act, 1957 (for brevity "the Act") relate to two assessment years, 2001-02 and 2004-05. There is no appearance for the assessee-respondent despite notice. We, hence, heard the learned Senior Counsel, Government of India (Taxes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eezer units and hence cannot be treated as a vacant land as provided under the Explanation to Section 2(ea). 3. The First Appellate Authority found, on the basis of the documents produced with respect to Chandigarh property, that it existed beyond the limit as provided in Explanation I. The value of the said land was directed to be excluded when assessment is carried out. With respect to the bala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he question of addition with respect to the urban land other than the land in Chandigarh was raised. We see that the Tribunal had posed a question to itself as to the land in which the freezer units were built and run. The Tribunal then found that there is no clarity in the order of the lower authorities with respect to the buildings existing in the said land. As we noticed when we discussed the F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the lands were occupied with buildings, on to the shoulders of the Revenue. We see that there is no appearance before this Court and there is no production of any evidence with respect to lands, the value of which was added on, being occupied with buildings. We hence answer the question of law in favour of the Revenue and against the assessee. We hence allow WTA Nos.1 and 4 of 2012. We restore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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