1996 (2) TMI 58 - HC - Wealth-tax

Summary

Issues:
1. Valuation of shares under Wealth-tax Act, 1957
2. Interpretation of rule 1D of the Wealth-tax Rules

Analysis:
The High Court of Madhya Pradesh addressed the issues arising from a consolidated order dated November 22, 1989, related to the valuation of shares under the Wealth-tax Act, 1957. The Tribunal had referred questions of law regarding the valuation of shares held by the assessee in Metalman Pipe Mfg. Co. Ltd. for the assessment years 1983-84 to 1986-87. The main contention was whether the Tribunal was justified in setting aside the Commissioner of Wealth-tax order under section 25(2) and restoring that of the Wealth-tax Officer, particularly in the context of rule 1D of the Wealth-tax Rules. The Commissioner believed that the shares should have been valued as per rule 1D after obtaining the company's balance-sheet, while the Wealth-tax Officer had accepted the value based on the approved valuer's report. The Tribunal's decision favored the assessee, prompting the Department to file applications under section 27(1) of the Act for further review.

During the proceedings, the court referred to the decision in Bharat Hari Singhania v. CWT [1994] 207 ITR 1, which clarified the mandatory nature of rule 1D. The court emphasized that rule 1D must be followed in each case for valuing unquoted equity shares, as it is the only method prescribed by the rule-making authority. Deviating from this rule would grant excessive discretion to the valuing authorities, leading to uncertainty and potential arbitrariness. The court concluded that the Tribunal's decision to set aside the Commissioner's order and reinstate that of the Wealth-tax Officer was not justified, as rule 1D is mandatory in nature. Therefore, the action under section 25(2) was deemed valid, and both questions of law were answered in favor of the Department and against the assessee.

In light of the above analysis, the reference application was decided in favor of the Department, with costs fixed at Rs. 750 for each side. The court directed the transmission of the order to the Tribunal for necessary action in accordance with the rules.