9911796707
|
Home
Issues Involved:
1. Entitlement to exemption under section 5(1)(viii) of the Wealth-tax Act for gold articles. 2. Classification of gold articles as household utensils or other articles intended for personal or household use. Detailed Analysis: 1. Entitlement to Exemption Under Section 5(1)(viii) of the Wealth-tax Act for Gold Articles The primary issue is whether the gold articles valued at Rs. 51,600 are entitled to exemption from wealth tax under section 5(1)(viii) of the Wealth-tax Act. The assessee claimed that these articles, which include gold caskets, a gold tray, gold glasses, a gold cup, saucer, spoons, and a photo frame, should be exempted as they were intended for personal or household use. 2. Classification of Gold Articles as Household Utensils or Other Articles Intended for Personal or Household Use Initially, the assessee contended that the gold articles were household utensils used daily and thus should be exempted. However, the Wealth-tax Officer rejected this claim, stating that the exemption applies to ordinary utensils for daily use, not ornamental gold items meant for special occasions. The Appellate Assistant Commissioner upheld this decision, emphasizing that the exemption applies to normal household requirements and not to items in the form of jewelry. In the second appeal, the Income-tax Appellate Tribunal also denied the exemption. The Accountant Member reasoned that the term "other articles intended for personal or household use" should be construed ejusdem generis with items like furniture, household utensils, and wearing apparel, which are intended for consumption rather than decoration. The Judicial Member focused on the intention and actual use of the articles, concluding that since the gold items were used solely for decoration and not for personal or household use, they did not qualify for exemption. The court agreed with the Tribunal's findings. It noted that the gold caskets could not be considered household utensils or furniture simply because they were displayed in a show case in the drawing room. The court also clarified that the exemption under section 5(1)(viii) applies to articles of common and ordinary personal or household use, not to items merely shaped like household utensils but never intended for such use. The court further addressed the argument that the articles could be considered "other articles intended for personal use." It concluded that the personal use contemplated by the provision is similar to the use of items like furniture and household utensils. Use for decoration, which provides pride of possession, does not qualify under this provision. The court emphasized that the exemption must be based on the actual use and purpose of the articles at the time of assessment, not on their potential use in the future. Conclusion: The court concluded that the gold articles in question did not qualify for exemption under section 5(1)(viii) of the Wealth-tax Act. The articles were neither household utensils nor other articles intended for personal or household use as contemplated by the provision. Therefore, the assessee was not entitled to the claimed exemption. The court answered the referred question in the negative and ordered the assessee to pay the costs of the Commissioner.
|
