| Citation(s) |
|---|
| 1997 SLG 511 1997 SLD 511 1997 PTD 2168 |
Income Tax Appellate Tribunal
W.T.As. Nos.74/LB to 76/LB of 1987-88, decision dated: 12-02-1996
MALIK MUHAMMAD TAUQIR AFZAL, JUDICIAL MEMBER AND IFTIKHAR AHMAD BAJWA, ACCOUNTANT MEMBER
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W.T.As. Nos.74/LB to 76/LB of 1987-88, decision dated: 12-02-1996
MALIK MUHAMMAD TAUQIR AFZAL, JUDICIAL MEMBER AND IFTIKHAR AHMAD BAJWA, ACCOUNTANT MEMBER
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Law:
Section:
Wealth Tax Act (XV of 1963)--- ----S.7---Valuation---Agricultural land---Inherited property ---Shops--Assessing Officer taxed assessee's agricultural land by holding that same was urban ---Assessee's 7/16th share from inherited property was taxed instead of 7/36th---Returned valuation of shops was not accepted but adopted at high altitude---First Appellate Forum upheld same---Validity---If nature of property had been changed by discontinuing its cultivation and conversion of same into plots for sale, property would be treated as non-agricultural, if not, then agricultural for next 10 years also---Assessing Officer was directed to modify assessment and adopt valuation of "Haveli" on the basis of corrected share in inheritance---Enhancement in valuation of shops for next two years being unjustified valuation for next two years was brought at par with the first year. ORDER IFTIKHAR AHMAD BAJWA (ACCOUNTANT MEMBER).---In the three appeals against A.A.O's. orders relating to Wealth Tax Assessments for Assessment 'Years 1983-84 to 1985-86 of the following properties are contested---- 2. 2. Agricultural land. The property located in Chak No.284/RB Faisalabad 27 Kanals in `assessment year 1983-84, 25-3/4 Kanals assessment year 1984-85 and 23 314 Kanals during assessment year 1985-86 was claimed to be agricultural land. Valuation on the basis of PIU's was shown to be below the taxable limit. The I.T.O. treated parcel of 8 Kanals, 13 Marlas as urban land in assessment year 1983-84 while the entire holding was treated as urban property in the next two assessments. Land measuring 8 Kanals, 13 Marlas was held to be urban property on the basis of a khasra girdawari. Appellant has pointed out that in the said khasra girdawari, land measuring 8 Kanals 13 Marlas belonging to the brother of the appellant was actually shown to be non-agricultural whereas on the said page of Khasra girdawari appellant's bolding of 9 Kanals, 2 Marlas had clearly been mentioned as cultivated. It was also pointed out by appellant's authorized Representative that even in subsequent assessments i.e. for assessment year 10986-87 onwards the land had been treated as agricultural. It is thus evident that…
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