2011 (8) TMI 440 - HC - Wealth-tax

Exemption from payment of wealth tax u/s 5(1)(i) of the Wealth Tax Act - trust deed executed by Medical Relief Society of South Canara Manipal - sponsor and provide educational facilities for catering courses - Trust executed a deed in favour of the assessee transferring both movable and, immovable property.The said transfer was treated as a gift - Revenue contended creation of the Trust, transfer of the Hotel property, running of the college was only a device to avoid tax Further the activities of the Trust are commercial in nature. There is no charitable activity. The assessee is not entitled for exemption u/s 10(22) - Deed did not transfer the ownership of the hotel property to the appellant. It only gives a very limited interest in the hotel properly - Decided that exemption granted under Section 10(22) of the Income Tax Act continues to apply to the assessee even to this day - Section 5(1)(i) of the Wealth Tax Act provides wealth tax shall not be payable by an assessee in respect of the assets mentioned therein which included property held by him under trust or other legal obligation for any public purpose of a charitable or religious nature in India - Hence held that wealth tax is not payable by the assessee - Appeal of revenue dismissed.

Summary

Issues:
- Whether the assessee is entitled to the benefit of exemption from payment of wealth tax under Section 5(1)(i) of the Wealth Tax Act.

Analysis:
The judgment of the Karnataka High Court involved multiple appeals concerning the entitlement of the assessee, a Trust, to exemption from wealth tax under Section 5(1)(i) of the Wealth Tax Act. The Trust in question was established with the objective of providing educational facilities for catering courses. The Trust acquired a hotel property named "Valley View International Health Club" from another trust under a deed of declaration. The assessing officer contended that the Trust's activities were commercial in nature and aimed at tax avoidance. The officer computed the wealth tax liability of the Trust and issued an assessment order. However, the Appellate Commissioner, relying on previous gift tax proceedings where it was determined that there was no gift involved, canceled the assessment order. The revenue appealed to the Tribunal, which ruled in favor of the Trust, stating that it was eligible for exemption under Section 5(1)(i) of the Wealth Tax Act.

The High Court analyzed the facts and legal provisions in detail. It noted that the Trust's activities aligned with its stated objectives of providing catering education and training facilities. The court highlighted that the income tax assessment for the Trust had previously accepted its claim for exemption, indicating a non-commercial motive. The court emphasized that the previous gift tax proceedings had clarified that the transfer of the property to the Trust was not a gift but a right to enjoy the property. Additionally, the court pointed out that the property in question was held under trust for a public purpose of a charitable nature, as per Section 5(1)(i) of the Wealth Tax Act. The court concluded that if the income derived from the property was exempt from income tax due to its charitable nature, then the levy of wealth tax on the same property was unjustified.

Ultimately, the High Court upheld the decisions of the Appellate Commissioner and the Tribunal, ruling that the Trust was not liable to pay wealth tax as the property held by the Trust was for a charitable purpose. The court dismissed all appeals, stating that there was no merit in challenging the exemption granted to the Trust under Section 5(1)(i) of the Wealth Tax Act.