TaxTMI 
TaxTMI 
1977 (8) TMI 70
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....the revenue's appeals is that the AAC has been in error in reducing the Wealth in each of the four years by allowing reduction in the valuations by applying rates of Rs. 5,500 and Rs. 3,500 per acre in respect of the Chahi and Brani agricultural lands of the assessee. 3. For the assessee, Shri Subhash Khanna, Advocate specifically sought this Bench's permission to withdraw the cross objections and such permission having been granted the C.O.s shall be treated as dismissed. 4. The assessee in the relevant years had the following agricultural land holdings in village Jhandiana Garbi (west). Chahi 48 Kanal. Chahi Nehri 59 Kanal 7 Marla. Nehri 64 Kanal 1 Marla. Brani 224 Kanal 12 Marlas. In his returns filed the....
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....aluations of the assessee's land holdings at Rs. 2,89,625 and after granting statutory exemption of Rs. 1,50,000 available in this case, worked out the taxable wealth at Rs. 1,39,625. By a similar pattern the WTO worked out the assessable wealth at Rs. 1,40,375 in each of the later three years and further added cash in hand of Rs. 2,500 as declared. 5. At this stage, we like to mention that for the assessment year 1970-71, the WTO stated at the end of his assessment order that the assessee is a Sikh Jat who is governed by the Customary law and not by Hindu law, and therefore, the status is taken as that of individual. It is an admitted position that for the first assessment year, the assessee declared his status as HUF but for the later ....
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....not being aggrieved by this aspect, we are leaving the issue as it is and earnestly hope that if the assessee is entitled to a legal benefit there is no reason why he should not get such benefit when his future assessments are processed whether at the WTO's stage or at the AAC's stage. The revenue should not make any prestige issued when there is any question of granting legal relief or benefit to the taxpayers. 6. The assessee went is appeal to the AAC against all the four assessment and brought to his notice that the instances of sale at serial number 1 and 4 did not relate to the assessee's village. According to the assessee the sale at serial number 3, as noted by the WTO gave an average rate of Rs. 4,500 per acre and denied any know....
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....ales on which he proposed to frame assessments and this fact he supported by pointing out that for the first year the return was filed on 26th March, 1974 and the assessment proceedings were completed on the same date though the date of the assessment order is 28th March, 1974. He argued that an assessment of this nature certainly showed that the assessee was not given any opportunity of meeting the WTO's case. Sh. Subhash Khannia next pointed out that the instances at serial No. 1 & 2 did not relate to the assessee's village and he was not aware as to which village the sale at serial No. 2 related and as for as the instance at serial No. 3 is concerned that actually favoured the assessee's version rather that the W.T.O. 8. We have alrea....