2013 (10) TMI 1277 - AT - Wealth-tax

Business premises let out - Whether assessable as assets under section 2(ea) of Wealth tax or not - Held that - The premises were not occupied by the assessee for the purpose of business or profession . The rental income from letting out of the properties had been offered by the assessee as income from house property - Letting out of properties cannot be considered as business of the assessee - The premises could also not be considered as commercial establishment or commercial complex - These premises were not covered by exclusions provided under section 2(ea)(i) Decided against assessee.

Summary

Issues:
1. Legal validity of re-opening of assessment under section 17 of the Wealth Tax Act.
2. Taxability of business premises owned by the assessee under the Wealth Tax Act.

Issue 1: Legal validity of re-opening of assessment under section 17 of the Wealth Tax Act:

The assessee disputed the re-opening of the assessment by the Assessing Officer (AO) under section 17 of the Wealth Tax Act for the assessment years 2005-06 and 2006-07. The AO re-opened the assessments based on the belief that the assessee had taxable assets under section 2(ea) of the Wealth Tax Act. The assessee challenged the re-opening on the grounds that it was based on audit objections, which were not mentioned in the reasons recorded by the AO. However, the Commissioner of Wealth Tax (CWT) observed that the re-opening was valid as it was based on information available on record, not audit objections. The Tribunal upheld the legal validity of the re-opening, stating that forming a belief based on available material was reasonable, dismissing the ground raised by the assessee.

Issue 2: Taxability of business premises owned by the assessee under the Wealth Tax Act:

The second dispute concerned the taxability of business premises owned by the assessee under the Wealth Tax Act. The AO assessed the premises to Wealth Tax value, adding it to the net worth, as the premises were not considered exempt under section 2(ea)(i). The assessee contended that the premises were covered by the exclusion provided in section 2(ea)(5) as they were in the nature of a commercial property. However, the AO did not accept this argument, stating that the premises were not used by the assessee for business purposes and were not a commercial establishment or complex. The CWT upheld the AO's decision, leading the assessee to appeal. The Tribunal considered the amendment by the Finance Act, 1996, and held that the premises were not exempt from Wealth Tax as they were not used by the assessee for business purposes. The rental income from the premises was offered as income from house property, accepted by the department, indicating that letting out properties was not the business of the assessee. Therefore, the Tribunal upheld the taxability of the premises under the Wealth Tax Act, dismissing the appeals of the assessee.

In conclusion, the Tribunal upheld the legal validity of the re-opening of the assessment under section 17 of the Wealth Tax Act and confirmed the taxability of the business premises owned by the assessee under the Wealth Tax Act. The appeals of the assessee were dismissed in both instances.