Assistant Commissioner Of Income Tax, Central Circle, Alwar V. Shri Vijay Kumar Data, Alwar

WTA 01/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3718 (ITAT-JAIPUR)
• Duration Of Justice: 10 month(s) 3 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 26-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: J C KULHARI

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKWY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA-@ WTA. NO. 01/JP/2018 FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2007-08 THE ASSISTANT COMMISSIONER OF WEALTH TAX, CENTRAL CIRCLE, ALWAR CUKE VS. SH. VIJAY KUMAR DATA BHAGWATI SADAN, S.D. MARG, STATION ROAD, ALWAR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AAQPD7662K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI J. C. KULHARI (JCIT) JKTLO DH VKSJ LS @ REVENUE BY : SHRI P. C. PARWAL (CA) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 17/09/2018 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT : 19/09/2018 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), ALWAR DATED 18.04.2018 FOR A.Y 2007-08 WHER EIN THE REVENUE HAS CHALLENGED THE DELETION OF ADDITION OF RS. 2,10 ,79,058/- MADE U/S 2(E) OF WEALTH TAX ACT, 1956. 2. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT TH E ASSESSING OFFICER HAS VIDE HIS ORDER DATED 31.03.2007 HAS HELD THAT P ROPERTY SITUATED AT MANGAL MARG, ANOTHER PROPERTY AT RISHIKESH, PROPERT Y NEAR GAUSHALA, ALWAR, LAND BEARING KHASRA NO. 1990 AND LAND AT BEA CON FACTORY ARE ITA NO. 01/JP/2018 THE ASSISTANT COMMISSIONER OF WEALTH TAX, VS . SH. VIJAY KUMAR DATA, ALWAR 2 SUBJECT TO WEALTH TAX. THE LD. CIT(A) FOLLOWING THE FINDINGS GIVEN IN THE EARLIER YEARS HAS DELETED THE SAID ADDITION AND NOW THE REVENUE IS IN APPEAL BEFORE US. 3. AT THE OUTSET, THE LD. AR SUBMITTED THAT THE MA TTER RELATING TO ALL THESE PROPERTIES IS COVERED IN FAVOUR OF THE ASSESS EE BY THE EARLIER DECISION OF THE CO-ORDINATE BENCHES AND OUR REFEREN CE DRAWN TO THE DECISION OF THE CO-ORDINATE BENCH IN WTA NO. 10/JP/ 2016 DATED 31.05.2016 WHEREIN IT WAS HELD AS UNDER:- 5. WE NOW REFER TO THE COORDINATE BENCHS DECISIO N IN CASE OF SHRI NIRANJAN LAL DATA (WTA NO. 7/JP/14)WHEREIN THE MATTER RELATING TO ASSESSABILITY OF PROPERTIES TO WEALTH T AX IN RESPECT OF PROPERTY AT MANGAL MARG, ALWAR, LAND AT RISHIKESH A ND PROPERTY AT STATION ROAD, ALWAR HAS BEEN EXAMINED. THE RELEVAN T FINDINGS ARE AS UNDER: 5. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. THE COO RDINATE BENCH IN WTA NO. 11/JP/2011 FOR A.Y. 2003-04 VIDE O RDER DATED 07/03/2012 HAD CONSIDERED ALL THESE PROPERTIE S IN DISPUTE FOR THE PURPOSE OF WEALTH TAX PURPOSES AND HAD HELD THAT ALL THE SIX PROPERTIES ARE NOT TO BE INCL UDED IN THE WEALTH OF THE ASSESSEE BY GIVING A DETAILED REASONI NG AGAINST EACH PROPERTY. FOR ALL THE PROPERTIES, THE COORDINATE BENCH HAD FOLLOWED THE ASSESSEES OWN CA SE 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 C ASE OF SHRI NIRANJAN LAL DATA AND CONFIRMED THE ORDER O F CWT(A). IN THIS ORDER WHEN FACTS AND CIRCUMSTANCES ARE IDENTICAL, PROPERTIES ARE SAME FOR WEALTH TAX PURPO SES AND COORDINATE BENCH HAD DECIDED THIS ISSUE FOR MANY YE ARS IN ITA NO. 01/JP/2018 THE ASSISTANT COMMISSIONER OF WEALTH TAX, VS . SH. VIJAY KUMAR DATA, ALWAR 3 FAVOUR OF ASSESSEE AND EVEN REVENUE HAS BEEN FILING APPEALS REPEATEDLY BEFORE US. THEREFORE, WE DISMISS THE APPEAL OF REVENUE ON THE BASIS OF FINDING GIVEN BY THE COORDINATE BENCH IN ORDER DATED 07/03/2012. 6. REGARDING LAND BEARING KHASRA NO. 1990 AND LAND AT BEACON FACTORY, WE REFER TO LD. CIT(A) ORDER DATED 12.08.2010IN ASSESSEES OWN CASE FOR A.Y. 1998-99 TO A.Y. 2002- 03WHEREIN THE LD. CIT(A) HAS HELD AS UNDER:- 6.0 NEXT GROUND OF APPEAL IS DIRECTED AGAINST THE INCLUSION OF RUPEES 2.00 LAKH AS VALUE OF PLOT AT KHAIRTHAL I N THE NET WEALTH OF THE APPELLANT. IT IS MENTIONED BY THE ASS ESSING OFFICER IN THE ASSESSMENT ORDER, THAT LAND BEARING KHASRA NUMBER 1990 BEING BISWA IS IN THE NAME OF THE ASSESSEE. THE ASSESSING OFFICER VALUE THE SAID PLOT OF LAND AT RUPEES 2.00 LAKH AND ACCORDINGLY ADDED IN TO THE NET WEALTH OF THE APPELLANT. IT IS ARGUED BY THE LEARNE D AUTHORIZED REPRESENTATIVE OF THE APPELLANT THAT THE AREA OF THE PLANT OF LAND IS BISWA AS ALSO MENTIONED BY T HE ASSESSING OFFICER IN THE ASSESSMENT ORDER, WHICH CO MES ABOUT 75 SQYDS. AND THE SAID PLOT OF LAND IS EXEMP T WITHIN THE MEANING OF SECTION 5(I)(VI) OF THE WEALTH TAX A CT, 1957, SINCE THE AREA OF THE PLOT OF LAND IS LESS TH AN 500 SQ. MT. CONSIDERING, THESE FACTUAL POSITION, WHICH IS A LSO VERIFIABLE FROM THE ASSESSMENT ORDER, THE APPELLANT IS ENTITLED TO CLAIM THE EXEMPTION WITHIN THE MEANING OF SECTION 5(I)(VI) OF THE WEALTH TAX ACT, 1957, ACCOR DINGLY THE ADDITION OF RUPEES 2.00 IN THE NET WEALTH OF TH E APPELLANT IS HEREBY DELETED AND THE APPELLANT WILL GET THE RESULTANT RELIEF. 7.0 NEXT GROUND OF APPEAL IS DIRECTED AGAINST INCLU SION OF RUPEES 464640.00 BEING THE LAND AT SONAWA. THE LAND IS NOT AN AGRICULTURE LAND BUT FALLING UNDER THE INDUSTRIAL A REA. IT IS STATED ITA NO. 01/JP/2018 THE ASSISTANT COMMISSIONER OF WEALTH TAX, VS . SH. VIJAY KUMAR DATA, ALWAR 4 BY THE ASSESSING THAT THE ASSESSEE HAS NOT PUT THE SAME FOR INDUSTRIAL PURPOSES NOR FOR AGRICULTURE PURPOSES. T HE ASSESSING OFFICER HAS APPLIED THE DLC RATE OF RUPEES 211200.0 0 PER BIGHA FOR SONAWA LAND AND ACCORDINGLY INCLUDED IN THE NET WEALTH OF THE APPELLANT. 7.1 AT THE TIME OF HEARING OF THE APPEAL, THE LEARN ED AUTHORIZED REPRESENTATIVE ARGUED THAT THE SAID LAND IS BEING U SED FOR THE INDUSTRIAL PURPOSES BY M/S VIJAY SOLVEX, WHEREOF TH E ASSESSEE IS MANAGING DIRECTOR SINCE LAST ABOUT 13 YEARS, AND TH E NECESSARY DOCUMENTS FOR THE CONVERSION OF LAND FOR INDUSTRIAL PURPOSES IN THE FORM OF APPLICATION FOR LAND CONVERSION LAND AP PROVAL OF REVENUE AUTHORITIES WERE ALSO FILED BEFORE ME. CONS IDERING THESE DOCUMENTARY EVIDENCES, IT IS HELD THAT THE LAND UND ER CONSIDERATION IS AN INDUSTRIAL LAND FOR THE PURPOSE OF WEALTH-TAX ACT, 1957, THEREFORE IS NOT LIABLE FOR WEALTH TAX. THUS THE ADDITION OF RUPEES 464640.00 IN THE NEXT WEALTH OF THE ASSES SEE IS HEREBY DELETED AND THE APPELLANT WILL THE NECESSARY RELIEF . 8. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE MATTER RELATING T O FIRST THREE PROPERTIES ARE COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF COORDINATE BENCHES. REGARDING THE REST TWO PROP ERTIES, WE HAVE GONE THROUGH THE ORDER OF LD. CIT(A) AND WE DO NOT SEE ANY INFIRMITY IN THE SAID ORDER AND IN ANY CASE, THE RE VENUE HAS ACCEPTED THE SAID ORDER BY NOT FILING ANY FURTHER A PPEAL. IN THE RESULT, ALL THE GROUNDS TAKEN BY THE REVENUE ARE DI SMISSED. 4. THE LD. DR IS HEARD WHO HAS RELIED ON THE ORDER OF THE ASSESSING OFFICER. 5. UNDISPUTEDLY, THERE ARE NOT CHANGES IN THE FACT S OF THE CASE OR IN THE LEGAL POSITION FOR THE IMPUGNED ASSESSMENT YEAR . THEREFORE, ITA NO. 01/JP/2018 THE ASSISTANT COMMISSIONER OF WEALTH TAX, VS . SH. VIJAY KUMAR DATA, ALWAR 5 FOLLOWING THE DECISION OF THE CO-ORDINATE BENCH REF ERRED (SUPRA) THE GROUND TAKEN BY THE REVENUE IS DISMISSED. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19/09/2018. SD/- SD/- FOT; IKWY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 19/09/2018. * GANESH KR. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ASSISTANT COMMISSIONER OF WEALTH TAX, CENTRAL CIRCLE, ALWAR 2. IZR;FKHZ@ THE RESPONDENT- SH. VIJAY KUMAR DATA, ALWAR 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE { ITA NO. 01/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR