TaxTMI 
TaxTMI 
2022 (9) TMI 615
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....essee in WTA No.5/Hyd/2020 are similar to the grounds raised in the remaining appeals i.e. WTA 6 and 7/Hyd/2020 except the amounts involved. Hence, we are reproducing the grounds raised in WTA 5/Hyd/2020 hereinbelow : "1. The Commissioner of Wealth Tax erred in enhancing the net wealth to Rs.11,19,75,280/- as against the Assessing Officer's estimation of Rs.5,00,00,000/- and the assessee's actual net wealth of Rs.3,03,36,500/-. 2. The assessee prays for natural justice and to drop the Assessing Officer estimation and Commissioner of Wealth Tax (Appeals) enhancement. 3. The brief facts of the case are that assessee is an individual, is deriving income from house property, capital gains etc apart from agriculture. Assesse....
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....6 to 8.18 of the order of ld.CWT(A), which are to the following effect : "8.12 I have carefully considered the contentions of the assessee, and evidence furnished thereof. At the outset, it is important to note that the piece of paper furnished by the assessee said to have been issued by the VRO, Vijayawada Urban, cannot be considered as admissible evidence in the eyes of the law. To be precise, the said document is hand written in Telugu language. Further, it is not issued in the official letter pad/head of the officer concerned. Nor it has been issued in a certificate format giving the details of the officer and his designation. Also, the name of the officer is not appearing in the evidence furnished by the assessee. 8.1....
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.... that the lands under dispute are agricultural lands. Also, the assessee has not produced any authentic evidence in the form of certificate issued by a competent authority that the lands are being used for agricultural purposes, except furnishing a piece of paper (supra), which is nothing but a dumb document and, therefore, cannot be considered as admissible evidence in the eyes of the law. 8.17 Accordingly, I am of the considered opinion that the assessee is liable for wealth tax in respect of market value of the properties as determined by the registering authority in respect of above mentioned two properties. Thus, the revised net taxable wealth of the assessee is computed as under: Sl. No. Description Agreed market val....
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....tificate provides as under : "Krishna Dist, Gunadala Division Revenue limits bearing Sy. No. 116/1 an extent of Acre 4.95 cents Agricultural Land, Residence of Jaganadha Raju Nagar, Divi. Madhusudhan his son Divi Satya Sayee Babu his bearing Registered Document No. 1693/2008, 1694/2008, 1705/2008, 1709/2008, 1712/2008 has been purchased and in survey no. 119 Acres 0.75 Cents agricultural Land and the bearing Document No. 2652/2010 has been purchased. In the above mentioned 4.95 Cents, 0.75 Cents total extent of land and purchased the land from and till date I am in the possession of the land doing cultivation land." 8. Ld.AR further submitted that the above said documents were though available on record of the ld.CWT(A)....
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....ed by the assessee are allowed." 9. On the other hand, ld.DR submitted that the orders passed by the lower authorities in all the three appeals are in accordance with the law. Further, the ld.CIT(A) has passed a defective order which is self explanatory. Therefore, the same should be upheld. 10. We have heard the rival submissions and perused the material available on record. Undoubtedly, the urban land has been defined under the Act under clause (b) of Explanation 1 to clause (ea) of Section 2 of the Act. From the perusal of the above definition, it is clear that the land though situated in the urban area, but it would not be classified as an urban land, if the land continues to be reflected in the government record as agricultural l....