SURINDER NATH Vs. CWT

JUDGEMENT

(1.) BY this common judgment, the aforesaid seven appeals under the Wealth Tax Act, are being disposed of since they all involve common questions of fact and law. These appeals relate to different assessment years but have been admitted on the same questions of law which read as follows:

(2.) THE brief facts necessary for decision of the appeals are that the assessee was owner in possession of 15023 sq. yds of land in Jakhu in the urban area of Shimla. For the purposes of Wealth Tax Act it is not disputed that this land is an asset within the meaning of the Act. The assessee however claimed that out of this land 5665.90 sq. yds of land should be valued at nil value on various grounds. The assessing officer did not accede to the prayer of the assessee. The assessee filed an appeal before the Commissioner of Wealth Tax (Appeals).The Commissioner of Wealth Tax (Appeals) came to the conclusion that the land which was actually covered by natural nullah measuring 671.4 sq. yds could not have commanded any market value and was therefore assessed at nil value. The CWT(A) also excluded 926.1 sq. yds of land on the ground that it had been sold and no longer formed part of the asset. The assessee filed an appeal before the learned Tribunal wherein he claimed that the following lands should be declared to be of nil value:

(3.) AGGRIEVED against the said order the assessee has filed the present appeals.