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Wealth-tax - Case Laws
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- 2020 (3) TMI 1049
Refund of the wealth tax paid by the assessee by virtue of the amendment to section 2(ea) of the WT Act - CIT (A) dismissed the appeals as not maintainable because the assessee itself has offered the net wealth to tax - Assessee submitted that since the amendment to section 2(ea) of the Act has been made with retrospective effect from 1.4.1993, the said land does not fall within the purview of the Wealth Tax Act and therefore, the assessee should be refunded the wealth tax paid by the assessee - HELD THAT:- In view of the CBDT Circular dated 11/06/2015, we remand the appeals to the file of the AO with a direction to reconsider the issue in accordance with the amended provisions of the Act. The assessee is also directed to approach the Pr. CIT u/s 25 of the Act and seek refund in accordance with the CBDT Circular and on such receipt of the....... + More
- 2020 (3) TMI 1048
Wealth tax assessment - urban land is held by the assessee attracts provisions of section 2(ea) of the Wealth Tax Act or not - HELD THAT:- As assessee has not produced any documentary evidence to establish that the lands are used for the agricultural purposes. The CIT(A), therefore, correctly confirmed the orders of AO in both the years under consideration that urban lands owned by the assessee are not at all used for agricultural purposes, therefore, the retrospective amendment made by the Finance Act, 2013 in Explanation 1 to section 2(ea) does not applicable to the case of the assessee. Accordingly, the AO completed the wealth tax assessment vide his order dated 30/12/2011 u/s 16(5) of the Wealth Tax Act, 1957 and made the addition correctly - Decided against assessee
- 2020 (3) TMI 1047
Wealth tax assessment - assessee is a non-resident Indian residing in Jeddah, Saudi Arabia - assessee was owning assets exceeding the taxable limits - HELD THAT:- The assessee is having 5 properties, which according to the AO are taxable under the Wealth Tax Act and comes within the purview of section 2(ea) of the WT Act. We are of the view that the revenue authorities without appreciating the facts as well as the explanation offered by the assessee, passed the orders. In respect of properties mentioned at 4 & 5 of the table (supra), the assessee has filed unregistered stamp paper, it shows that he has gifted the properties to his son as well as to his nephew. However, the revenue authorities without taking into consideration the material evidence and explanation offered by the assessee, made the additions. Under these facts and circu....... + More
- 2020 (3) TMI 582
Wealth tax assessment - Valuation of the shares - HELD THAT:- The case of applicant's wife has held that Rule 1D of the Wealth Tax Rules, 1957, is prospective in nature and therefore, the same could not have been applied for undertaking valuation of the shares for the assessment years 1964-65, 1965-66 and 1966-67. However, the Tribunal, Pune Bench has held that Rule 1D of the Wealth Tax Rules could have been applied for the assessment years 1967-68 and 1968-69. On this basis, the Tribunal, Pune Bench, in fact, partly allowed the Appeals instituted by the applicant's wife, insofar as assessment years 1964-65, 1965-66 and 1966-67 are concerned, but, dismissed the Appeals for the assessment years 1967-68 and 1968-69. Once, the Tribunal, Pune Bench ruled that Rule 1D of the said Act could have been invoked prospectively and such view ....... + More
- 2020 (3) TMI 581
Maintainability of appeal - monetary limit - low tax effect - HELD THAT:- Revenue contention that said Circular is prospective and cannot be made applicable to the pending matters, which we are not inclined to accept in the light of law laid down by Coordinate Bench of this Court in the case of COMMISSIONER OF INCOME TAX & ANOTHER V/S RANKA & RANKA [2011 (11) TMI 449 - KARNATAKA HIGH COURT] wherein it has been held that scope of Circular issued by Central Board of Direct Taxes would be applicable to the pending proceedings, which also came to be affirmed by Apex Court in the case DIRECTOR OF INCOME TAX V/S S.R.M.B DAIRY FARMING (P) LTD. [2017 (11) TMI 1494 - SUPREME COURT] . In fact, Central Board of Direct Taxes has also issued an instruction bearing No.F.No.279/MISC/M-93/2018-ITJ dated 20.08.2019 intimating all the Principal Chi....... + More
- 2020 (3) TMI 580
Net taxable wealth - Assessment of net taxable wealth on the immovable property - ½ share of flat at Khairatabad - HELD THAT:- It is not in disputed that the house was not under repair. In these circumstances, it cannot be presumed that the house is habitable. In such situation, it cannot be treated as a residential property in the true sense. Further, the Ld. WTO has adopted the market value on estimate basis without any supporting evidence which is not justifiable. Considering the above facts of the issue, we are of the considered view that the aforesaid residential house cannot be treated as an asset exigible for wealth tax. However, only the undivided share in the land attributable to the residential flat shall be exigible for wealth tax which the Ld. WTO shall estimate after obtaining the value from the Stamp Valuation Authori....... + More
- 2020 (2) TMI 1058
Wealth tax assessment - valuation of land - value of the asset as on the valuation date - Addition on the basis of the instance of sale occurred subsequent to the date of valuation when the impugned land was subject to Urban Land (Ceiling and Regulation) Act, 1976 as on the date of valuation - HELD THAT:- There could not have been a better guide for the Wealth Tax Officer for adopting the market value of the property in question than the actual sale itself which occurred within a few months from the relevant date of the valuation. In present case though the actual sale might have taken place after the valuation date, substantial amount of money was paid prior to the valuation date as an advance consideration. The view taken by the Tribunal cannot be faulted. A conjoint reading of section 7 and section 2(q) of the Act would indicate that t....... + More
- 2020 (2) TMI 540
Wealth tax assessment - exemption of 5(vi) for the purpose of self occupied residential property - HELD THAT:- We find that assessee has already exercised the option under Section 5(vi) of W.T. Act in respect of property at Shimla. The option having already been exercised by the assessee in the return; and also the option having not been altered from the assessee’s side by way of any revised return to claim the exemption under Section 5(vi) of W.T. Act in respect of Aralias DLF property at Gurgaon; we are of the view that in these facts and circumstances, the contention of the assessee to allow exemption under Section 5(vi) of W.T. Act on account of self occupied property in respect of Aralias DLF property at Gurgaon cannot be permitted at this stage. As both sides have agreed before us at the time of hearing, the Assessee is eligib....... + More
- 2019 (12) TMI 1135
Wealth tax assessment - Period of limitation - Order was passed beyond period of one year as required u/s 17A(2) of the WT Act, and consequently the penalty proceedings initiated u/s 18(1)(c) - ITAT which has, confirmed the order made by the Commissioner (Appeals), remanding the matter to the Wealth Tax Officer for re-examination and re-assessment after providing adequate opportunity of being heard to the appellant - HELD THAT:- In the impugned order, we are of the opinion that, the observation made therein that explanation (3) to Section 18 of the Wealth Tax Act is applicable, is really a prima facie observation. This is clear from the fact that both the Commissioner (Appeals) as well as the ITAT have directed the Wealth Tax Officer to re-examine the matter, after providing adequate opportunity of being heard to the appellant herein. ITA....... + More
- 2019 (12) TMI 1134
Penalty u/s 18(1)(c) of Wealth tax Act - Defective notice - HELD THAT:- In the present case, section 18(1)(c) of the Wealth Tax Act is para materia with section 271(1)(c) of the Income Tax Act. Being so, the facts for imposing penalty u/s. 271(1)(c) of the Act will be applicable to the facts of the present case. As seen from the above notice for imposing penalty u/s. 18(1)(c) of the Wealth Tax Act, the Assessing Officer has not struck out the irrelevant portion of the notice. In other words he has not specified whether he is levying penalty for concealment of particulars of income or furnishing of inaccurate particulars of income. As held in the case of CIT & Anr. vs. M/s. SSA’s Emerald Meadows [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] that the notice issued by the Assessing Officer u/s. 274 r.w.s 271(1)(c) is to be bad in law....... + More
- 2019 (12) TMI 603
Wealth tax assessment - notice has not been issued within the time limit prescribed as per the act - HELD THAT:- Provisions of section 42 of the act saves only validly issued notices within the time limit, if, not served upon the assessee, not served upon him in time and served upon him in an improper manner, if not objected before WTO. Notice itself has been issued beyond the time prescribed u/s 16(2) of the Wealth Tax Act. Thus, according to us the provision of section 42 does not apply to a situation where the notice has not been issued within the time limit prescribed as per the act. The ld CWT (A) has erred in invoking of provisions of section 42 of the WT Act to such notice, which has been issued beyond the time limit prescribed u/s 16(2) of the WT Act. Accordingly, we hold that as the ld Wealth Tax Officer has failed to issue the n....... + More
- 2019 (11) TMI 1155
Net wealth assessment - value of the land as on the date of valuation - whether the same is includable as net wealth in the hands of the assessee in the absence of permission received for construction from the competent authority or any construction being carried out, as on the valuation date ? - HELD THAT:- As decided in own case for AY 2014-15 we direct the Assessing Officer to include the value of the aforesaid lands in the hands of the assessee in the respective years. However, for the purpose of determining the value as on the valuation date, the assessee shall file the valuation report from the Registered Valuer or the Assessing Officer may obtain the necessary valuation report from the DVO in this regard and compute the net wealth and Assessing Officer is also directed to allow the value of debts as on the dates of purchase of plot....... + More
- 2019 (11) TMI 1124
Wealth escaping assessment - Lack of jurisdiction of ACIT, Circle-9(1), Bengaluru who issued notice u/s 17 of WT Act - HELD THAT:- We find merits in the submissions made on behalf of the assessee that the validity of notice issued under section 17 of the Act is primarily required to be adjudicated before a decision can be rendered on the merits of the additions made in the assessment. Under section 124 of the Income Tax Act, 1961 when a challenge to jurisdiction is raised, it is incumbent on the part of the AO to adjudicate the same or he has to make reference of the issue of determination of jurisdiction to the authorities specified under section 124(2) of the Income Tax Act, 1961. In the light of the above statutory provisions, we are of the view that it is incumbent on the part of the CWT(A) to have adjudicated on this issue CWT(A), in....... + More
- 2019 (11) TMI 1121
Net Wealth determination - valuation of property - Fair market value versus Circle rate - It was submitted that, assessee was not even in a position to avail the loan against this property, as the said land had encroachments on it - HELD THAT:- In the absence of production of any material in support of the assessee’s contentions, the AO has adopted the circle rate available in www.tnreginet.net as the market value and assessed the value for each of the impugned assessment year. The ld.CWT(A) has held that the assessee canvassed certain factors for adoption of lower value, however, he has not proved either to the satisfaction of the AO or to the satisfaction of the ld CWT(A) that what is canvassed by him is the fact and hence he upheld the action of the AO for the assessment years 2007-08 to 2012-13, respectively. Even before us also....... + More
- 2019 (11) TMI 44
Jewellery estimation - Revised valuation in respect of all the items of jewellery whether or not covered by the FIRs - reduced value of the jewellery for the purpose of determining the net wealth of the assessee and passed the assessment orders - valuation figures as supported by valuation report of Registered Valuer and WTO - HELD THAT:- In respect of the value of such items of jewellery as are not covered by the FIR, it occurs to our mind that there is inherent inconsistency in the approach of the Ld. CIT(A), because while referring to schedule III of the Act in the light of Section 7 read with Rule 18 thereof, CIT(A) made an observation that the jewellery shall be valued on the estimation of the price which it would fetch if sold in the open market on the valuation date. If it would be so, we do not find any logic in the CIT(A) directi....... + More
- 2019 (10) TMI 1257
Maintainability of appeal - monetary limit - low tax effect - HELD THAT:- Appellants submit that the appeal is not maintainable in view of the monetary limits in terms of Circular No.17 of 2019 dated 08.08.2019 passed by Director (ITJ), Central Board Direct Taxes, New Delhi and also in terms of the Circular No.5 of 2019 dated 05.02.2019 passed by the Deputy Commissioner of Income Tax(OSD)-(ITJ), Central Board Direct Taxes. In view of the submission made, the appeal is dismissed as such.
- 2019 (10) TMI 90
Wealth tax assessment - exclusion of land which is under litigation - HELD THAT:- When the compound wall construction had started, there is no reference in facts mentioned in the case (refer page 18). However, it is mentioned that even on 08.07.2007 and 09.07.2007, the construction work was disturbed by the defendants. Thereafter, the case was filed in F.Y 2007-08 relevant to A.Y 2008-09. But, before us, the AY pending for adjudication is A.Y 2006-07 and 2007-08. The dispute on title was started only in A.Y 2008-09. Therefore, it has no bearing on pending assessment years. Now the dispute is very much settled and in favour of the assessee. Therefore, the plea of assessee is rejected. Even though assessee had title but could not enjoy the property due to dispute. The asset is recognised as asset only when it is enjoyed by the assessee for ....... + More
- 2019 (9) TMI 1102
Non filing of return of wealth under Wealth Tax Act - Penalty levied u/s 18(1)(c) of the Wealth Tax Act - HELD THAT:- Assessee did not file return of wealth under Wealth Tax Act voluntarily. The assessee did not dispute the service of notice u/s 17(1) of the Wealth Tax Act before the AO at assessment proceedings or otherwise. Therefore it is a fit case of levy of penalty u/s 18(1)(c) of the Wealth Tax Act. Therefore agree with the view of the Ld Accountant Member that penalty be imposed against the assessee. Dismiss all the appeals of the assessee. Let the files be put up before the regular bench for passing the consequential order.
- 2019 (9) TMI 416
Wealth tax assessment - asset to fall within the ambit of taxable asset - whether the land being “Khasra No. 335, Village Bandwahi, Gurgaon’ admeasuring 21.65 acres is a taxable asset for the purpose of wealth tax or not ? - HELD THAT:- Here in this case, the first exception that the land has been classified as agricultural land in the records of the Government and is used for the agricultural purposes will not apply as assessee himself has contended that it was a non agricultural and uncultivable land being (Gair Mumkin Pahar). Now the only condition left which is required to be examined, whether any construction of a building is permissible under any law for the time being in force the area in which land is situated. If it is ascertained that construction of a building is permissible, then ostensibly it will be held as taxab....... + More
- 2019 (8) TMI 1093
Wealth tax escapement - Notice issue u/s 17 of Wealth Tax Act - whether the impugned land is not liable for wealth-tax assessment - urban land as per Explanation 1 to section 2(ea) of the Wealth-tax Act, 1957 - HELD THAT:- Wealth is leviable only on unproductive asset and not on commercial asset. This is clear from the provisions of Wealth-tax Act, 1957. The Parliament has in its wisdom foreseen that for commencement of an industrial project, it would take minimum two years for securing permission and approval and hence, such land which is held as per the objects of the company for industrial purposes has to be exempted from the levy of wealth-tax for a period of two years from the date of its acquisition. The word “used” in the statute is land held for industrial purpose during the initial two years period. There is no requir....... + More
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