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TMI Blog1997 (12) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that cups and trophies are not exempt under the Wealth-tax Act ? (2) Whether the Tribunal was right in law in not extending the tenor of 'works of art', coming in the provisions of section 5(1)(xii) of the Wealth-tax Act, to the cups and trophies ?" 2. The assessee is an individual and filed the wealth-tax return for the assessment year 19 78-79 on January 5, 1979. A revised return was also filed subsequently. It appears that there was a search on January 20, 1981, in the premises of the assessee and in his native place at Kanadukathan. During the course of search it was found that there were silver articles weighing about 150 to 200 kgs. which were not properly explained. The assessee claimed that out of the said quantity, 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry engraved markings of the occasion and events in which the cups or trophies were won and they cannot be regarded as works of art. The Appellate Tribunal also held that the fact that some of the cups and trophies were subsequently converted into basic metal and some of them were sold may not necessarily indicate that they were intended for sale. However, the Appellate Tribunal found that the trophies cannot be regarded as works of art and, therefore, the assessee was not entitled to claim exemption as aforesaid. In this view of the matter, the Appellate Tribunal dismissed the appeal preferred by the assessee. 4. Mr. P. P. S. Janarthana Raja, learned counsel for the assessee, vehemently contended that the Tribunal was not correct in holdin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... must be an element of human skill involved or applied in the manufacture of the product which on a mere look up it can be regarded as works of art. In Halsbury's Laws of England, fourth edition, in paragraph 892, the expression "works of art" is defined as follows : "Works of art" applies to paintings, drawings and pastels executed by hand, original engraving prints and lithographs and original sculptures and statutory (sic) in any material." In Sampath Iyengar's The Three New Taxes, the expression and term "works for art" is as under : "Works of art are those which are the result of human skill applied in various directions, such as, sculptures by Michael Angelo, paintings by Raphael, Ruben, Vandyke, Leonardo da Vinci, Bottic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has not established that there has been human skill employed which made the article to be regarded as a work of art. Therefore, in view of the specific finding of the Appellate Tribunal that the cups and trophies were won by the assessee in the horse races, we are of the view that the articles cannot be regarded as works of art and the Appellate Tribunal was right in holding that the assessee is not entitled to claim exemption under section 5(1)(xii) of the Act. Hence, we are of the view that both the questions of law are liable to be answered against the assessee.
6. Accordingly, we answer both the questions in the affirmative and against the assessee. However, in the circumstances of the case, there will be no order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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