COMMISSIONER OF WEALTH TAX Vs. R.K. MEHRA

JUDGEMENT

(1.) THIS order shall dispose of Wealth -tax Appeal Nos. 10 and 11 of 2009 as the issue raised in both the appeals is common. Facts are being taken from Wealth -tax Appeal No. 10 of 2009.

(2.) THE instant appeal filed by the revenue under Section 27A of the Wealth -tax Act, 1957 (for brevity 'the Act') challenges the order dated 31 -3 -2008 passed by the Income Tax Appellate Tribunal, Delhi Bench 'H', New Delhi in WTA No. HOD of 2006 for the assessment year 1995 -96. It has been averred that the following question of law would arise for determination of this Court:

(3.) WE have heard learned Counsel for the parties at a considerable length and find that the construction raised by the assessee -respondent was not in pursuance to the scheme created by any competent authority in law. In fact no construction on the land was permissible. Such land is excluded by the definition of expression 'urban land' as per the provisions of Section 2(ea) Explanation l(b) of the Act. The relevant portion of the aforesaid provision is reproduced hereunder: