Wealth Tax

Section (ea)(i) Provides that any land or building appurtenant thereto, whether used for:-

residential purpose, commercial purpose, for maintaining guest house, otherwise

is an asset.

 

Further Sec 2(ea)(v) provides that urban land is an asset.However it does not include land occupied by any building which has been constructed wirh the approval of appropriate authority

What would be the position of the land?

1. If the building has been constructed with the approval of  appropriate authority?

2.If the building has been constructed without the approval of  appropriate authority?

 

Replies (1)

My interpretation of it is as follows

1. In case it is constructed with the approval of the appropriate authority then the building would be covered under the gambit of asset as per WT, as the case may be, and Land would qualify for the exemption.

Please refer case study CWT vs Giridhar G. Yadalam [2007] 163 taxman 372 (KAR)

2.In case the construction is without the approval of appropriate authority then the Land would continue to fall under the definition of Land as per WT even if any one constructs a farm house on such land.

Please refer case Law CIT vs R.K. Mehra [2009] 184 Taxman 286 (PUNJ. & HAR.) , Amit Lal Jindal & Sons(HUF) vs WTO [2009] 184 Taxman 143 (PUNJ. & HAR.)

Please correct me if i am wrong as i have just started studying it.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 04 September 2026
Accounts Executive

Hema Yashwanth & Associates

Chennai

B.Com

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details
Company
Featured 11 September 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details