TMI Blog2020 (8) TMI 288X X X X Extracts X X X X X X X X Extracts X X X X ..... piece of lands and there was no mentioned whether such pieces of land was acquired in Bopal Shobhan Cooperative Housing Society Limited. Accordingly a query was posted to the learned AR for the assessee to justify whether the land in dispute is the same which were acquired in the Bopal Shobhan Co-operative Housing Society Limited through the membership. But the learned AR failed to substantiate the same based on the documentary evidence. Our apprehension is that there can be a possibility that the assessee has acquired other pieces of land other than the lands from such society. For this purpose, we have also perused the reason recorded for reopening the impugned assessment and found that there was also no reference made to the lands ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts in brief are that the assessee in the present case is an individual and filed his wealth tax return declaring wealth at nil. However, the wealth tax officer was in possession of the information about the acquisition of 2 adjoining residential plots of urban land at Bopal, near VasanthVihar amounting to ₹ 2,75,63,810/- which were subject to the wealth tax as per the provisions of section 2(ea) of the Act. Accordingly, a show cause notice was issued upon the assessee dated 6 March 2014. 5. Assessee in response to such notice made reply vide letter dated 10th March 2014 contending that the construction on such land is going on which has not been completed till the end of the financial year as on 31st March 2009. Accordingly the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch evidences that such lands do not belong to the assessee. 12. On the other hand the learned DR vehemently supported the order of the authorities below. 13. We have heard the rival contentions of both the parties and perused the materials available on record before us. The learned AR for the assessee before us contended that the assessee has acquired membership in Bopal Shobhan Cooperative Housing Society Limited and not the lands as alleged by the authorities below. 14. However, on perusal of the orders of the authorities below, we find that it was alleged that the assessee has acquired 2 adjoining piece of lands and there was no mentioned whether such pieces of land was acquired in Bopal Shobhan Cooperative Housing Society Limit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal Rules 1963 requires the bench to make endeavour to pronounce the order within 60 days from the conclusion of the hearing. However the period of 60 days can be extended under exceptional circumstances but the same should not ordinarily be further extended beyond another 30 days. In simple words the total time available to the Bench is of 90 days upon the conclusion of the hearing. However, during the prevailing circumstances where the entire world is facing the unprecedented challenge of Covid 2019 outbreak, resulting the lockdown in the country, the orders though substantially prepared but could not be pronounced for the unavoidable reasons within the maximum period of 90 days. In such circumstances we find that the Hon ble Mum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod from 15.03.2020 till the date on which the lockdown is lifted in the jurisdictional area where the dispute lies or where the cause of action arises shall be extended for a period of 15 days after the lifting of lockdown . Hon ble Bombay High Court, in an order dated 15th April 2020, has, besides extending the validity of all interim orders, has also observed that, It is also clarified that while calculating time for disposal of matters made time-bound by this Court, the period for which the order dated 26th March 2020 continues to operate shall be added and time shall stand extended accordingly , and also observed that arrangement continued by an order dated 26th March 2020 till 30th April 2020 shall continue further till 15th June ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reted. The interpretation so assigned by us is not only in consonance with the letter and spirit of rule 34(5) but is also a pragmatic approach at a time when a disaster, notified under the Disaster Management Act 2005, is causing unprecedented disruption in the functioning of our justice delivery system. Undoubtedly, in the case of Otters Club Vs DIT [(2017) 392 ITR 244 (Bom)], Hon ble Bombay High Court did not approve an order being passed by the Tribunal beyond a period of 90 days, but then in the present situation Hon ble Bombay High Court itself has, vide judgment dated 15th April 2020, held that directed while calculating the time for disposal of matters made timebound by this Court, the period for which the order dated 26th March 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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