2013 (3) TMI 474 - AT - Wealth-tax

Urban land U/s 2(e)(a) of the Wealth Tax Act - Notices u/s. 17 - Sale consideration as the value of their portion of land - Valuation Held that - The market value is nothing but a price that may be agreed by a willing seller and a willing purchaser. Market price is not a constant figure. It may fluctuate depending upon various factors such as selling the land for a venture and the urgency for acquiring the land by the purchaser. For the purpose of wealth tax, we have to estimate the market value as on the date of valuation in a notional manner. Therefore, several factors such as the extent of land, location of the land, access to road, future development potentiality, accessability, infrastructure facilities like bus stand, airport, railway station, etc. need to be taken into account while estimating the value as on the valuation date. The guideline value fixed by the State Registration Department for the purpose of registering the document is also one of the factors which need to be taken into account apart from the comparative sale instance in the locality. In our view, the matter of valuation of the impugned property requires reconsideration at the end of the assessing officer. Accordingly, we set aside the orders of Ld CIT(A) for all the years under consideration . We also direct the assessees also to properly assist the assessing officer in determining the market value on each of the valuation dates.

Summary

Issues:
- Determination of the value of land for wealth tax purposes based on the valuation date.
- Justifiability of the value of land determined by the Assessing Officer and confirmed by the Ld. CIT(A) for different assessment years.

Issue 1: Determination of the value of land for wealth tax purposes based on the valuation date

The case involved wealth tax appeals related to assessment years 2002-03 to 2005-06, where the assessees jointly owned a piece of land. The Assessing Officer considered the land as an "urban land" falling under the definition of "asset" as per the Wealth Tax Act. The value of the land on the valuation date was crucial for levying wealth tax. The assessees sold the land to a builder in 2005, and the Assessing Officer adopted the sale consideration as the value of the land for that year. The Ld. CIT(A) confirmed this value for 2005-06 and made gradual deductions for the preceding years. However, the methodology used for determining the value was challenged by the assessees.

Issue 2: Justifiability of the value of land determined by the Assessing Officer and confirmed by the Ld. CIT(A) for different assessment years

The assessees argued that the land inherited by them was part of a larger property with a house, suggesting that the value should be determined based on building rules. However, the Ld. CIT(A) rejected this argument, stating that the assessees only possessed vacant land at the valuation dates. The Tribunal agreed with this view, emphasizing the need to value the property available to the assessees on the valuation date. The methodology used by the tax authorities for determining the value of land, including gradual reductions, was also questioned. The Tribunal referred to a previous case where such a methodology was not favored, emphasizing the need to consider various factors like location, development potential, and infrastructure facilities in valuing the land. The Tribunal concluded that the value determination required reconsideration based on these factors, setting aside the orders of the Ld. CIT(A) for all the years under consideration and directing the assessing officer to reassess the market value.

In conclusion, the judgment highlighted the importance of accurately determining the value of land for wealth tax purposes based on the valuation date and following a comprehensive methodology considering various factors. The Tribunal emphasized the need for a thorough reassessment by the assessing officer, setting aside the previous orders and directing the assessees to assist in determining the market value on each valuation date.