2019 (8) TMI 3

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....e covered by the order of the ITAT in assessee's own case, in his favour. 3. The ld AR of the assessee placed on the record the order of the Tribunal in assessee's own case for the A.Y. 2006-07 dated 31/05/2017 wherein all the issues with regard to merit of the addition were decided in favour of the assessee. The ld AR has contended that in the A.Y. 2006-07, all the additions so made by the Wealth Tax Officer (WTO) were deleted by the ld. WTC(A) and in appeal filed by the revenue against the order of ld. WTC(A), the Tribunal have confirmed the same and dismissed the revenue's appeal. 4. We have considered the rival contentions and carefully gone through the orders of the authorities below and found that in the appeal filed before the ld. WTC(A), the assessee has raised nine grounds with respect to additions made on account of accessibility of various properties namely property at Mangal Marg, Alwar, property at New Station Road, Near Gaushala, Alwar, property at Rishikesh, land bearing khasra No. 1990 and land at Beacon Factory under Wealth Tax Act. In its decision, the ld. WTC(A) observed that these appeals were filed manually whereas as per the provisions of Rule 45 of the ....

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....sors in the earlier years, I have also considered these issues in appeal no. 345/2011-12 vide order dated 05.09.2013 for AY 2004-05 and again for AY 2005-06, vide order No. 67/2013-14 dated 15-05-2015, and decided these issues in favour of the appellant. The appellant has also filed a copy of the order passed by the Hon'ble ITAT Jaipur Bench in the case of the appellant for AY 1998-99 to 2002-03 in WTA No. 10 to 14/JP/2010 vide order dated 25-03-2011, wherein departmental appeals filed were dismissed on account of low tax effect and contrary to the instructions of the CBDT. 4.4 AO has relied on the assessments made in the case of the appellant in the preceding years while making the additions to the net wealth. Therefore, following the above findings given in the earlier years, all the additions made by the AO to the net wealth of the appellant for AY 2006-07, with respect to the five properties mentioned above, are deleted. Accordingly, ground No. 1 to 7 of the appeal are allowed." 4. At the outset, the Ld. AR submitted that the matter relating to all these properties is covered in favour of the assessee by the earlier decision of the Coordinate Benches as well a....

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....ri Niranjan Lal Data (WTA No. 7/JP/14) wherein the matter relating to assessability of properties to wealth tax in 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 and WTA Nos. 6 to 10/JP/2011 in case of Shri Niranjan Lal Data and confirmed the order of CWT(A). In this order when facts and circumstances are identical, properties are same for wealth tax purposes and Coordinate Bench had decided this issue for many years in favour of assessee and even revenue has been filing appeals repeatedly before us. Therefore,....

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....nsidering these documentary evidences, it is held that the land under consideration is an industrial land for the purpose of Wealth-Tax Act, 1957, therefore is not liable for wealth tax. Thus the addition of Rs. 464640.00 in the next wealth of the assessee is hereby deleted and the appellant will the necessary relief." 7. The ld. DR vehemently argued the matter and submitted that regarding two properties namely land bearing Khasra No. 1990 and land at Beacon Factory, the matter is not covered by any of the earlier decisions of ITAT and these are new matters which needs to be examined. Per contra, ld. AR submitted that it is true that these two properties are not covered by the earlier decisions of the Coordinate Benches of ITAT but at the same time, they are covered by decision of ld. CIT(A) in assessee's own case for the previous years against which Revenue has not filed any further appeal before the ITAT and hence, the findings of the ld CIT(A) have become final. 8. We have heard the rival contentions and perused the material available on record. The matter relating to first three properties are covered in favour of the assessee by the decision of Coordinate Ben....