Law: Wealth Tax Act, (XV of 1963)

Section: 16,16,SecondSched.,Cl.(3)

Wealth Tax Act (XV of 1963)---S. 16 & Second Sched., Cl. (3)---Assessment---Exemption---Agricultural land---First Appellate Authority, on the basis of findings of committee consisting of concerned Assessing Officer, Inspector of First Appellate Authority, assessee in person and legal counsel of the assessee, directed that share of land in respect of assessee to be accepted as agricultural land---Department contended that First Appellate Authority was not justified in directing to accept the status of non-agricultural assets as agricultural when purchase deed clearly stated the purpose of purchase of land "for construction of factory" and the said land in case of the other co-shares had been declared and assessed as non-agricultural asset---Validity---Other co-owners not contesting the charging to tax all the pieces of land owned by them could not authorize the Department for charging to tax which was in fact not chargeable under the specific provisions of Wealth Tax Act, 1963---By quoting the unchallenged wrong done to another co-owner could not be made a basis by the Department for adversely affecting the assessee---Such combined act of co-owners vis-à-vis department together could not make the assessee liable to wealth tax for such land and allowing relief was factually and legally quite fair and proper when the assessee challenged it before First Appellate Authority being illegal act of taxing land not liable to wealth tax---Order did not suffer from any legal or factual infirmities and was upheld by the Appellate Tribunal---Department through its Assessing Officer on becoming a member in the committee had foregone its right to agitate any more and no such-like plea was raised before First Appellate Authority as a justification for making liable to wealth tax such piece of land in the hands of assessee---Appeal filed by the Department was dismissed by the Appellate Tribunal. W.T.As. Nos.1172/LB to 1178/LB of 2000, dated 20-11-2001 ref. ORDER Through the titled appeals the Revenue/Department has assailed the single combined order, dated 3-6-2003 by submitting the common grounds of appeals in respect of sole identical issue in all the seven years.…

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