2015 (10) TMI 1070 - AT - Income Tax

Valuation of land - estimation of appreciation thereon and thereby making addition to the wealth of the assessee - Held that - As decided in assessee s own case for AY 2005-06, 2007-08 and 2008-09 2013 (7) TMI 558 - ITAT DELHI Assets being business assets, its value was to be determined as per Rule 14 and not as per Rule 20 of Schedule III - It is only if any condition under Rule 8 is satisfied, that the assessing authority could have referred to and determine the value under Rule 20 - Following decision of M/s Sahara India Savings and Investment Corporation Ltd. Vs. ACIT 2010 (9) TMI 824 - ALLAHABAD HIGH COURT - Decided against Revenue.

Summary

Issues: Valuation of land for wealth tax purposes

Analysis:
1. The appeals were filed by the revenue against the order of the Commissioner of Income Tax(A)-I, New Delhi, regarding the valuation of land for wealth tax purposes for AY 2001-02, 2003-04, and 2004-05. The main issue pertained to the valuation of land at Sultanpur Road, Tehsil Mohanlal Ganj, District Lucknow, shown in the assessee's books at a specific amount.

2. The main contention revolved around the deletion of the addition made by the Assessing Officer in the value of the land. The AR highlighted the order of CWT(A)-I, New Delhi for AY 2002-03, which directed the Assessing Officer to value the land as per Rule 14 of the Wealth Tax Act, emphasizing that for business assets, the value should be determined as per Rule 14 and not Rule 20 of Schedule III.

3. The AR also presented a certificate of incorporation reflecting a change in the name of the assessee company and referred to a previous ITAT decision related to the valuation of the same land. The ITAT decision dated 28.6.2013 favored the assessee, emphasizing the application of Rule 14 for valuation.

4. The Tribunal, after considering the arguments, documents, and previous decisions, concluded that the issue of valuation was squarely covered by the previous ITAT decision and the High Court's judgment. The Tribunal upheld the decision of the Commissioner of Income Tax, New Delhi, confirming that the value of business assets like land should be determined as per Rule 14, dismissing the revenue's appeals.

5. The Tribunal found no reason to interfere with the orders of the first appellate authority, affirming the valuation method applied for the land in question. Consequently, the sole ground of the revenue was deemed devoid of merits, leading to the dismissal of the revenue's appeals regarding the valuation of land for wealth tax purposes for the respective assessment years.