AI Drafter 
TaxTMI 
TaxTMI 
TaxTMI 
2017 (5) TMI 1687
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....fied in deleting the addition of Rs. 21,00,263/- made by the A.O on account of ¼th share of property at Mangal Marg, Alwar without appreciating the fact that the property is falling in the definition of section 2(ea)(1) of the Wealth Tax Act." (2) "Whether on the facts and in the circumstances of the case the CWT(A), was justified in deleting the addition of Rs. 8,00,000/- made by the A.O on account of 50% share of property at Rishikesh without appreciating the fact that during assessment proceedings the assessee failed to furnish any proof for having agriculture activities the place and the A.O held it urban land keeping in view the expansion of area from agriculture land to urban land." (3) "Whether on the facts a....
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.... The total wealth was accordingly assessed at Rs. 2,03,24,772/- 3. Being aggrieved, the assessee carried the matter in appeal before the ld. CIT(A) who has allowed the necessary relief to the assessee and his findings are contained at para 4.3 and 4.4 of his order and which are reproduced as under:- "4.3 I have considered the assessment order as well as submissions made and case laws relied upon by the appellant. It is observed that the issues arising in this appeal have already been decided in the case of the appellant for assessment years 1998-99 to 2002-03 vide order dated 20.08.2010, and again for AY 2003-04, vide order No. 329/1011 dated 26.03.2012. Based on the findings given by my Ld. predecessors in the e....
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....Data order for A.Ys. 1998-99 to 2002-2003 in WTA No. 6 to 10/JP/11, in case of Shri Niranjan Lal Data, by order dated 23.04.2015 for A.Y. 2005-06 in WTA No. 7/JP/14. It was also submitted that it is covered by following order of CIT(A) order dated 12.08.2010 for A.Ys. 1998-99 to 2002-03 in Appeal No. 165 & 164/06-07, 405/07-08, 300/08-09 and 194/09-10. 4.2 Regarding land at Rishikesh, it was submitted that it is covered by the orders of ITAT in case of Shri Niranjan Lal Data dated 16.11.2001 for A.Ys. 1998-99 to 2002-03 in WTA No. 6 to 10/JP/11, order dated 23.04.2015 for A.Y. 2005-06 in WTA No. 7/JP/14. It was also submitted that it is covered by order of CIT(A) dated 12.08.2010 for A.Y....
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.... respect of property at Mangal Marg, Alwar, land at Rishikesh and property at Station Road, Alwar has been examined. The relevant findings are as under: "5. We have heard the rival contentions of both the parties and perused the material on record. The Coordinate Bench in WTA No. 11/JP/2011 for A.Y. 2003-04 vide order dated 07/03/2012 had considered all these properties in dispute for the purpose of wealth tax purposes and had held that all the six properties are not to be included in the wealth of the assessee by giving a detailed reasoning against each property. For all the properties, the Coordinate Bench had followed the assessee's own case decision in WTA Nos. 1 to 5/JP/2011 in case of Smt. Nirmala Devi Data ....
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....s than 500 sq. mt. Considering, these factual position, which is also verifiable from the assessment order, the appellant is entitled to claim the exemption within the meaning of section 5(i)(vi) of the Wealth Tax Act, 1957, accordingly the addition of Rs. 2.00 in the net wealth of the appellant is hereby deleted and the appellant will get the resultant relief. 7.0 Next ground of appeal is directed against inclusion of Rs. 464640.00 being the land at Sonawa. The land is not an agriculture land but falling under the industrial area. It is stated by the Assessing that the assessee has not put the same for industrial purposes nor for agriculture purposes. The assessing Officer has applied the DLC rate of Rs. 211200.00 per Bigha ....