2020 (5) TMI 315

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..... hri S. Sridhar, Advocate For the Respondent : Shri Abani Kantha Nayak, CIT ORDER PER BENCH: All the appeals of the assessee and the Revenue are directed against the orders passed by the Commissioner of Income Tax (Appeals)- 3, Coimbatore dated 17.09.2018 & 26.09.2018 and pertains to the assessment years 2009-10 to 2013-14. 2. As the issues in all these appeals are inter-connected, common and .....

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..... 1, the ld. Counsel submitted that valuation for registration of the document against the order of the Inspector General of Registration was challenged before the High Court. The High Court fixed the value for registration at Rs. 17,64,69,491/-. The document was in fact executed on May, 2008, which falls in the Assessment year 2009-10 therefore, the valuation fixed by the High Court may be taken as .....

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..... is not a document of title. In the registered sale deed, the absolute right was transferred to the assessee therefore, the assessee cannot now take advantage of the pendency of the patta proceedings before the Tahsildar. Hence, the valuation made by the Wealth Tax Officer is correct. However, the judgments of the High Court in the Writ Petition and Civil Miscellaneous appeal etc (supa) are not pr .....

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..... date, the Wealth Tax Officer has to follow the procedure under the Wealth Tax Act after considering the locality of the land in question is situated, area of the land, potential for future development, infrastructure facilities available around the land etc. and other depressing factor such as the pendency of patta proceedings. This Tribunal is conscious of the fact that the patta is not a docume .....

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..... sment years, the Wealth Tax Officer has to re-consider in the light of the observation made above. Accordingly, the orders of both the authorities below are set aside for the assessment years 2010-11 to 2013-14. However, the order of CIT(A) for the assessment year 2009-10 is confirmed. 6. In the result, the appeal filed by the assessee in WTA No.120/Chny/2018 for Assessment Year 2009-10 stands d .....

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