(2)[ The annual value of a holding comprising land which is not built upon, shall be deemed to be an amount which may be equal to, but may not exceed, five per cent of the estimated market value of such land at the time of assessment:Provided that such holding, if utilised for any gainful purpose, shall be deemed to be in commercial use for the purpose of levy of surcharge under section 97.] [[Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995 for following :'(2) The annual value of a holding comprising land which is not built upon, shall be deemed to be an amount equal to, not exceeding, five per cent, of the estimated market value of such land at the time of assessment :Provided that such holding utilised for any gainful purpose shall be deemed to be in commercial use for the purpose of levy of surcharge under section 97.]]
