9911796707
TMI Blog2022 (12) TMI 1240X X X X Extracts X X X X X X X X Extracts X X X X ..... continued to be held as agricultural land by the appellant as on the valuation date? 2. When the land was cultivated and agricultural crops/plants continued to remain as on the valuation date, the provisions of section 2(ea) of the Act can be applied to include the land for wealth- tax purposes only on the basis of permission granted for conversion with riders by the Government authorities? 3. If the answer to the above questions is in the affirmative, then, whether the Tribunal was right in not considering the reasonableness of valuation of land as on the valuation date for the purpose of wealth - tax?" 2. WTA No.15/2019 has been filed by assessee Shri. A.N. Manidatta challenging ITAT's order dated March 15, 2017 in WTA Nos.1 to 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es standing in the land; * Though the land was converted, the assesses continued agricultural operation and the conditions specified in the conversion order were not fulfilled. 8. In substance, Shri. Parthasarathi's argument is, though the land was converted for non-agricultural purpose, it was used as an agricultural land only and the Assessing Officer and other authorities have failed to take note of the Valuation Report which mentioned that there were several trees in the lands. 9. Shri. K.V. Aravind, learned Senior Standing Counsel, opposing the appeal submitted that the lands in question were admittedly converted for non-residential purpose by the order of the Deputy Commissioner. Therefore, the Assessing Officer has rightly he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that during the inspection, the Valuation Officer had observed several trees standing on the entire land; and * in the Government records such as the Record of Rights (Pahani), the names of the assessees are found. 13. Shri. Parthasarathi has placed the Record of Rights (Pahani) for the year 2016-17 in respect of Sy. No.14/1. In column No.9, name of Shri. A.R. Narendranath is mentioned as the owner for 1 acre 12 guntas. In respect of Sy. No.11/1 and 11/3, Shri. Parthasarathi has produced copies of Record of Rights (Pahani) for the year 2016-17. In column No.9, name of Shri. A.R. Narendranath is mentioned as owner in respect of 2 acres 20 guntas. To a query made by this Court with regard to the name of only Shri. Narendranath found in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e were so many trees standing in the entire land. However this parcel of entire land along with Survey no.14/1 which is also owned by Shri. A.N. Narendranth was converted from agricultural land to residential use vide conversion order dated 06.10.2008. There are four workers shed with AC sheet lean to roof, cement flooring etc. These structure are of temporary in nature and no workers were seen occupying the sheds as on date of inspection. There is a residential house lying vacant as on the date of inspection claimed to the constructed about 40 years back." (Emphasis Supplied) 16. Thus, according to the Valuation Officer, there were several trees in the entire land in Sy. No.11/3. It also shows that the access to the said land is through ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
