1995 (11) TMI 55 - HC - Wealth-tax

Summary

Issues:
1. Jurisdiction of the Appellate Assistant Commissioner to entertain an appeal against the order of the Wealth-tax Officer.
2. Allowance of tax liabilities as deduction in the computation of net wealth of the assessee.

Jurisdiction of the Appellate Assistant Commissioner:
The case involved questions regarding the jurisdiction of the Appellate Assistant Commissioner to entertain an appeal against the order of the Wealth-tax Officer. The Tribunal found that the Wealth-tax Officer was directed by the Commissioner of Wealth-tax to allow the claim as per law, without providing any relief to the assessee. The Tribunal concluded that the Wealth-tax Officer proceeded on his own as per law, making his order appealable. The High Court agreed with the Tribunal's reasoning, stating that if the Wealth-tax Officer had simply given effect to the Commissioner's order without providing any relief himself, then the remedy would be against the Commissioner's order. However, since the Wealth-tax Officer acted as per law on his own, his order was deemed appealable.

Allowance of Tax Liabilities as Deduction:
Regarding the allowance of tax liabilities as a deduction in the computation of net wealth, the Tribunal considered the voluntary disclosure made by the assessee under the disclosure scheme. The Revenue contended that there was no liability or debt before the voluntary disclosure, as the assessee had concealed income. The Tribunal rejected this argument, emphasizing that the concealed income still belonged to the assessee, and the tax liability arose due to the disclosure. The High Court upheld the Tribunal's decision, stating that the tax liability created because of the disclosure was an ascertained liability and fell within the meaning of debt under the Wealth-tax Act. Consequently, the Appellate Assistant Commissioner was justified in granting relief to the assessee.

Conclusion:
The High Court answered both questions in favor of the assessee and against the Revenue. The court directed the registry to send the record to the Appellate Tribunal for further proceedings in accordance with the judgment.