2003 (11) TMI 26 - HC - Wealth-tax

Assets valuation - 1. Whether Tribunal was right in holding that section 7(4) of the Wealth-tax Act 1957 which came on the statute book with effect from April 1 1976 could be applied in the assessment years 1974-75 and 1975-76? - 2. Whether Tribunal was right in holding that the assessee s half share in house No. 7/197 Swarup Nagar Kanpur was exclusively used by her for residential purposes? - In the present case the house is jointly owned by the husband and wife. Hence it cannot be said that the house is not exclusively used by the assessee for her residential purpose. The fact that her husband has also claimed the said benefit is no ground for rejecting her claim. Thus both the questions are answered in favour of the assessee and against the Revenue

Summary

Issues:
1. Interpretation of section 7(4) of the Wealth-tax Act, 1957 for assessment years 1974-75 and 1975-76.
2. Exclusivity of the assessee's half share in a jointly owned house for residential purposes.

Analysis:
1. The Commissioner of Wealth-tax sought the court's opinion on the applicability of section 7(4) of the Wealth-tax Act, 1957 for the assessment years 1974-75 and 1975-76. The Tribunal had to determine if this section, effective from April 1, 1976, could be retrospectively applied. The appellate authority initially rejected the assessee's claim under section 7(4) as she lived with her husband in the house, implying non-exclusive use. However, the Tribunal allowed the appeal, stating that section 7(4) is procedural and has retrospective effect. Citing the case law of CWT v. Shaman Kumar Swarup and Sons [1994] 210 ITR 886, the court held that procedural laws apply to pending cases with retrospective effect. Consequently, the court ruled in favor of the assessee, affirming the retrospective operation of section 7(4) for co-owners using a property exclusively for residential purposes during the relevant assessment years.

2. The second issue revolved around whether the assessee's half share in the jointly owned house was exclusively used for residential purposes. The court emphasized that section 7(4) allows a co-owner to claim exclusive use of a property for residential purposes. In this case, the house was jointly owned by the husband and wife, leading to the contention that the house was not exclusively used by the assessee. However, the court reasoned that the husband's claim did not negate the assessee's entitlement to the benefit under section 7(4). Consequently, the court ruled in favor of the assessee, affirming that her half share in the house was exclusively used for residential purposes. Both questions were answered in favor of the assessee, resulting in the disposal of the reference application in her favor against the Revenue.