Wealth tax applicability

This query is : Resolved 

26 September 2007

Pls confirm whether WT is payable on agriculture urban land being in use for agriculture. Pls elaborate.Thanks
Ratan K Rathi

CA. Dashrath Maheshwari (Expert)
27 September 2007

Hello Mr. Rathi,
Urban land; "Urban Land" means land situated :

in any area which is comprised within the jurisdiction of a local authority and which has a population of not less than ten thousand according to the last proceeding census of which the relevant figures have been published before the valuation date; or
any area within such distance, not being more than eight kilometres from the local limits of a local authority as the Central Government may, having regard to the extent, and scope for urbanisation of that may, and other relevant considerations, specify in this behalf by notification in the Official Gazette.
However, the following urban land shall not be included in assets;

land on which construction of a building is not permissible under any law for the time being in force in the area in which such land is situated;
land occupied by any building which has been constructed with the approval of the appropriate authority;
any unused land held by the assessee for industrial purposes for a period of two years from the date of its acquisition by him.
land held by an assessee as stock-in-trade for a period of five years from the date of its acquisition by him. (Ten years w.e.f. A.Y. 1999-2000).
Note: Agricultural land situated in urban area is not liable to wealth-tax

CA Ratan K. Rathi (Querist)
28 September 2007

Dear CA Dashrathji,
Pls confirm whether agri land in urban area does not fall under the definition of urban land and as such not liable to WT. Pls confirm and olige.

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