2009 (11) TMI 900 - AT - Income Tax

Summary

Issues Involved:
1. Whether the properties at Udyog Bhavan, Gandhinagar and Hazira, Surat are exempt from the levy of wealth-tax.

Summary:

Issue 1: Exemption of Properties from Wealth-Tax

The Revenue challenged the common order dated 27.09.2005 by the Commissioner of Wealth Tax (Appeals), Gandhinagar, Ahmedabad, which directed the Assessing Officer (A.O.) to treat the properties at Udyog Bhavan, Gandhinagar and Hazira, Surat as exempt from the levy of wealth-tax for the assessment years 1999-2000 and 2000-2001. The A.O. had included the value of these properties in the assessable wealth, arguing that they were not used for business purposes.

The assessee, a Government Company owned by the State of Gujarat, contended that the properties were used for business purposes. Udyog Bhavan was partially let out to the Directorate of Petroleum, Department of Energy and Petrochemicals under government directions, and Hazira Guest House was used to accommodate officials and consultants near the work site. The A.O. disagreed, stating that the properties generated rental income, which was declared under "income from house property" in the tax returns, and thus were non-business assets liable to wealth-tax.

The Commissioner of Wealth Tax (Appeals) found that the properties were used for business purposes and directed the A.O. to treat them as exempt from wealth-tax. The Commissioner noted that the income from these properties was assessable under the head "business" as per a previous income-tax appeal decision for the assessment year 2001-02. The properties were covered under exemption clauses (3) and (5) of Section 2(ea)(i) of the Wealth Tax Act, which exclude properties used for business or in the nature of commercial establishments from wealth-tax.

The Tribunal upheld the Commissioner's decision, agreeing that the properties were used for business purposes and fell under the specified exemptions. The Tribunal also referenced the ITAT Pune Bench decision in Satvinder Singh Kalra vs. DCWT, which supported the classification of such properties as commercial establishments exempt from wealth-tax.

In conclusion, the Tribunal dismissed the Revenue's appeals, affirming that the properties at Udyog Bhavan, Gandhinagar and Hazira, Surat were exempt from the levy of wealth-tax for the assessment years 1999-2000 and 2000-2001.