COMMISSIONER OF WEALTH TAX ANDHRA PRADESH Vs. OFFICER IN CHARGE COURT OF WARDS PAIGAH

JUDGEMENT

(1.) Civil appeals Nos. 2552-2556 of 1969, are directed against a judgment of the Full Bench of the High Court of Andhra Pradesh. The case was certified as fit under Articles 132 and 133 of the Constitution for an appeal to this court. The question involved, as framed in the Andhra Pradesh case is, on the facts and circumstances of the present case are certain lands situated at Begumpet, Lalguda, Jaiguda, Subsimandi, Yerraguda, Zamboorkhana, and vicarabad, "agricultural lands" within the meaning of Section 2 (e) (i) of the Wealth-tax Act (hereinafter referred to as the Act)

(2.) If any of the lands mentioned above are agricultural lands, as defined by the Act, they would be excluded from the definition of "assets" given in Section 2 (e) of the Act, and therefore, exempt from wealth-tax, Section 2 (e) says:

(3.) The words agricultural land occur in entries 86, 87 and 88 of List 1 to 7th Schedule of our Constitution relating to matters on which Parliament may legislate. Entry 86 here says:"Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies:taxes on the capital of companies. Entries 87 and 88 deal with Estate duty and duties of succession to property and each of them excludes agricultural land from property on which taxes may be levied by Parliament. Entry 18 of List II giving subjects of exclusively state legislation says: