2004 (8) TMI 33 - HC - Wealth-tax

Assets - valuation - Wealth-tax Officer treated the interest of the assessee-partner in the aforesaid firm which owned immovable property and added to the net wealth of the assessee diverse amounts representing their respective share in the said firm, which was determined keeping in view the amounts invested therein - 1. Whether the assessees was entitled to the deduction permissible under section 5(1)(iv), in respect of the immovable property belonging to the firm? - we answer this question No. 1 in the negative, i.e., in favour of the Revenue and against the respondent-assessee2. Whether the reversionary value of the land of the cinema building could be added to the market value worked out on yield basis? This question is answered in the affirmative, i.e., in favour of the assessee

Summary

Issues:
1. Entitlement to deduction under section 5(1)(iv) of the Wealth-tax Act, 1957 for immovable property belonging to a firm.
2. Addition of reversionary value of land of cinema building to market value.

Entitlement to Deduction under Section 5(1)(iv) of the Wealth-tax Act:
The judgment pertains to the assessment years 1975-76 and 1976-77, involving respondent-assessees who are partners in a firm named M/s. Laxmi Talkies, Mathura. The Wealth-tax Officer had added diverse amounts to the "net wealth" of the assessees, representing their share in the firm's immovable property. The Assistant Commissioner of Wealth-tax directed the Assessing Officer to allow exemption under section 5(1)(iv) of the Act for the value of their share in the cinema building, if it exceeded the exemption granted by the assessing authority. The Tribunal had dismissed the appeal by the Department. The first question raised was whether the assessees were entitled to the deduction under section 5(1)(iv) for the immovable property belonging to the firm. The Revenue contended that exemption under this section is available only for a house property, not a cinema building. However, the respondent-assessee relied on a previous decision that allowed deduction for immovable property, specifically a cinema hall. The court held that exemption under section 5(1)(iv) is granted for a house or part of a house where people live and reside, not for a cinema building. It was established that a cinema building cannot be considered a house, leading to a negative answer to question No. 1 in favor of the Revenue.

Addition of Reversionary Value of Land of Cinema Building:
The second question raised concerned whether the reversionary value of the land of the cinema building could be added to the market value calculated on a yield basis. The court noted that this question was already settled against the Revenue in a previous decision. Therefore, question No. 2 was answered in the affirmative, in favor of the assessee and against the Revenue. The judgment referenced relevant case law to support the decisions made, highlighting the distinction between a house and a cinema building for the purpose of exemptions under the Wealth-tax Act. The parties were directed to bear their own costs in this matter.