2000 (8) TMI 43 - HC - Wealth-tax

Summary

Issues:
Interpretation of section 5(1)(xxxii) of the Wealth-tax Act, 1957 regarding exemption for processing or manufacturing activities.

Analysis:
The judgment pertains to two references made under section 27(1) of the Wealth-tax Act, 1957 by the Income-tax Appellate Tribunal, Delhi Bench "A." The common question referred to the court was whether the firm, in which the assessee was a partner, engaged in processing or manufacturing of goods to qualify for exemption under section 5(1)(xxxii) of the Act. The factual scenario involved the firm, Regal Trading Corporation, purchasing brass articles, getting them plated, soldered, and engraved for export as fancy articles. The Wealth-tax Officer and the Appellate Assistant Commissioner initially denied the exemption claim. However, the Tribunal, in its findings, concluded that the firm was indeed engaged in the processing of goods, making the assessee eligible for exemption. The Tribunal directed the Wealth-tax Officer to compute the assessee's interest in the firm and grant the exemption accordingly.

In the subsequent case of A. N. Sethi, the Tribunal allowed the claim based on the decision made in S. C. Sethi's case. The Revenue contended that the Tribunal's finding was not factually established by the assessee, arguing that the articles were not made fit for export through a manufacturing or processing activity. Despite notice, the assessee did not appear. The court held that the Tribunal's conclusions were factual and did not raise any legal questions, leading to the decision to decline answering the references. Consequently, the references were returned unanswered.