2011 (12) TMI 354 - AT - Wealth-tax

Whether the immovable property of which was used for business purposes as an Asset within the meaning of Sec. 2(ea) of Wealth Tax Act, 1957 without considering the exemption provided under sub clause (5) of the said section in respect of a Commercial establishment and also sub clause (3) of section 2(ea)(i) - During the course of income tax assessment proceedings, it was noticed by the A.O. that the assessee has received rental income of Rs.35,40,000/- by letting out its business premises at Elcome House - According to the A.O. it is not a commercial establishment or complex as specified in the exclusion clause (5) of section 2(ea)(i) of the Act since the said premises does not provide any commercial facilities available in a commercial complex - It was submitted that a part of the premises was let out to sister concern which is part of their business and hence the property has been used for the purpose of business carried out by the sister concern - the assessee in the instant case has let out a part of its business premises and since the assessee is not in the business of letting out properties, therefore, the said property, in our opinion, is not exempt either u/s.2(ea)(i)(3) or 2(ea)(i)(5) of the Wealth Tax Act - Decided against the assessee

Summary

Issues involved:
1. Interpretation of provisions of Wealth Tax Act regarding the treatment of immovable property used for business purposes.
2. Determination of whether a property qualifies as a commercial establishment or complex for exemption under the Wealth Tax Act.
3. Consideration of legal precedents and decisions in determining the taxability of business assets under the Wealth Tax Act.

Issue 1: Interpretation of provisions of Wealth Tax Act regarding the treatment of immovable property used for business purposes:
The appeals were filed against the orders of the ld. CWT(A) relating to A.Ys. 2004-05 to 2006-07 concerning the treatment of immovable property known as "Elcome House" used for business purposes. The Assessing Officer (A.O.) contended that the property falls under the provisions of section 2(ea) of the Wealth Tax Act and is chargeable to tax under section 4. The A.O. issued a notice u/s 17 after the assessee failed to respond. The assessee argued that the property was a commercial establishment exempt under section 2(ea)(i)(5) of the Act. However, the A.O. disagreed, determining the value of the property at Rs.3,51,89,025 under section 7 of the Act. The ld. CIT(A) upheld the A.O.'s decision, noting discrepancies in the assessee's submissions and lack of supporting documentation. The Tribunal found that the property did not qualify for exemption under the Act as the assessee was not in the business of letting out properties, ultimately dismissing the grounds raised by the assessee.

Issue 2: Determination of whether a property qualifies as a commercial establishment or complex for exemption under the Wealth Tax Act:
The assessee contended that the property, Elcome House, was a commercial establishment exempt under section 2(ea)(i)(5) of the Wealth Tax Act. The ld. CIT(A) rejected this argument, citing the assessee's admission that rental income from the property was assessed under "income from house property" and not as business income. The ld. CIT(A) also highlighted restrictions in the agreement with MIDC, indicating the property's use for factory purposes only. The Tribunal, considering various decisions, including the Hon'ble Karnataka High Court's ruling, held that the property did not qualify for exemption under sections 2(ea)(i)(3) or 2(ea)(i)(5) as the assessee was not in the business of letting out properties, thereby upholding the taxability of the property under the Wealth Tax Act.

Issue 3: Consideration of legal precedents and decisions in determining the taxability of business assets under the Wealth Tax Act:
The Tribunal considered legal precedents cited by both parties, including the decision of the Hon'ble Karnataka High Court in the case of CIT vs. Shankaranarayana Industries and Plantations (P) Ltd. The Tribunal noted that the intention of the Act was not to tax business assets used by the assessee for business or profession, except for commercial properties not falling under specific exemptions. The Tribunal distinguished the decisions cited by the assessee, emphasizing that the property in question did not meet the criteria for exemption under the Act. The Tribunal dismissed the grounds raised by the assessee, except for one ground which was restored to the file of the ld. CIT(A) for further adjudication.

In conclusion, the Tribunal partly allowed the appeals for statistical purposes, dismissing most grounds raised by the assessee and restoring one ground for further consideration. The judgment emphasized the interpretation of Wealth Tax Act provisions, the classification of properties as commercial establishments, and the relevance of legal precedents in determining the taxability of business assets under the Act.