2012 (5) TMI 515 - AT - Wealth-tax

Denial of Claim of exemption u/s. 5(1)(vi) of the W.T. Act - AO denied exemption as claim has not been made in the return Held that - As assessee has wrongly shown the plot measuring 336 Sq. Meter in the return of wealth inadvertently as taxable it is not chargeable to wealth tax as per provisions of section 5(1)(vi) as the plot of land is of area comprising of 500 Sq. meter or less exemption cannot be ignored even if the assessee has not made any claim of exemption in the return of wealth - since the assessee made claim before the first appellate authority who did not decide this issue and agreed with the finding of the AO the matter requires re-consideration for factual verification and decision in accordance with law - restore the issue to file of CWT(A) with the direction to decide the issue in accordance with law as observed in favour of assessee for statistical purpose. .

Summary

Issues:
1. Denial of exemption u/s. 5(1)(vi) of the W.T. Act for a plot mistakenly shown as taxable.
2. Justice and equity denied in assessing an asset as taxable despite being exempt u/s. 5(1)(vi).
3. Claim for exemption not made in the return due to ignorance of law or omission.

Analysis:

Issue 1: Denial of exemption u/s. 5(1)(vi) of the W.T. Act
The appellant appealed against the denial of exemption for a plot mistakenly shown as taxable in the return. The AO and the CWT(A) rejected the plea, citing the Goetze India Ltd. case, stating that exemptions not claimed in the return require filing a revised return. However, the appellant argued for exemption u/s. 5(1)(vi) as the plot's area was less than 500 Sq. meter. The Tribunal noted that net wealth should be computed as per the Act's provisions, and wealth tax is payable subject to other Act provisions. The appellant's claim for exemption should have been considered by the CWT(A) as the prohibition on not filing a revised return did not apply to the first appellate authority.

Issue 2: Justice and Equity in Tax Assessment
The appellant contended that justice and equity were denied by assessing an asset as taxable despite being exempt u/s. 5(1)(vi) of the W.T. Act. The Tribunal emphasized that net wealth computation should consider exemptions an assessee is entitled to, whether claimed in the return or not. Citing relevant case laws, the Tribunal highlighted that a property not chargeable under the Act's charging section cannot be taxed. The Tribunal directed a re-consideration at the level of the CWT(A) for factual verification and decision in accordance with the law, emphasizing the importance of granting reasonable opportunity to the assessee and the AO.

Issue 3: Claim for Exemption
The appellant argued that even if a claim for exemption was not made in the return due to ignorance of the law or omission, it should be considered if bonafide and legally backed. The Tribunal, considering various legal precedents, reiterated that exemptions an assessee is entitled to must be considered for arriving at the correct net wealth. The Tribunal emphasized that the action of not referring to exemptions in the return should not preclude the assessee from claiming them at the appellate stage.

In conclusion, the Tribunal allowed the appeal for statistical purposes, directing a re-consideration of the exemption claim at the level of the CWT(A) for a fair and just decision in accordance with the law within a specified timeframe.