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Income Tax

Unused urban land held by assessee for industrial purposes not assessable to Wealth Tax for a period of two years from the date of acquisition

Case Law Details

TaxGuru Citation
2012 taxguru.in 647
Case Name
Mars Hotels & Resorts (P.) Ltd. Vs Deputy Commissioner of Wealth Tax (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
1996-97 to 1998-99
Courts
ITAT Mumbai
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ITAT Mumbai Bench ‘Wealth Tax’

Mars Hotels & Resorts (P.) Ltd.

V/s.

Deputy Commissioner of Wealth Tax

WT Appeal Nos. 9 to 11 (Mum) of 2010

[Assessment Years 1996-97 to 1998-99]

May 9, 2012

ORDER

1. These appeals by the assessee are directed against the composite order dated 14.1.2010 of CWT(A) for the AYs 1996-97, 97-98 and 98-99 respectively.

2. Since the grounds taken in all the AYs are common; therefore, for the sake of convenience, the ground taken for the AY 1996-97 are reproduced hereunder:

(1)  The Commissioner of Wealth Tax (Appeals)- 17, Mumbai (herein after referred to as CWT (A)) erred in confirming that the property (i.e land) is liable to wealth tax for A.Y. 1996-97.

(2)  (a) The CWT(A) erred in confirming the value of the property (i.e land) at Rs. 3,76,69,525/- for A.Y. 1996-97.

(b) The CWT (A) erred in not adopting the Value of the Property at Rs. 56,45,721/- as per valuation Report dt 22.3.2004 of M/s. Shah & Shah, Valued by the Government Approved Valuer.

(c) The CWT (A) erred in not considering the deduction aggregating to Rs. 3,20,23,804/- as per valuation report dt 22.3.2004 of M/s Shah & Shah, the break up of which are as under:

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