1985 (8) TMI 61 - HC - Wealth-tax

Summary

Issues Involved:
1. Manner of valuation of unquoted equity shares for Wealth-tax purposes.
2. Whether Rule 1D of the Wealth-tax Rules is mandatory or directory.
3. Validity of Rule 1D in relation to the Wealth-tax Act.
4. Obligation of the Wealth-tax Officer to refer valuation to the Valuation Officer u/s 16A.
5. Jurisdiction of the High Court under Article 226 of the Constitution.

Summary:

1. Manner of Valuation of Unquoted Equity Shares:
The central issue was the valuation method for unquoted equity shares of companies other than investment and managing agency companies for the Wealth-tax Act, 1957. The petitioner initially valued shares using Rule 1D of the Wealth-tax Rules but later revised the valuation based on the yield method, citing Supreme Court judgments (CGT v. Kusumben D. Mahadevia and CWT v. Mahadeo Jalan). The Wealth-tax Officer accepted the revised valuation, but the Commissioner of Wealth-tax later contested it, asserting that Rule 1D was mandatory.

2. Whether Rule 1D is Mandatory or Directory:
The court examined whether Rule 1D is mandatory. It concluded that if the valuation date of the company and the assessee coincide, Rule 1D is mandatory. However, if the dates differ, Rule 1D is directory, allowing the assessee to demonstrate a different value on the valuation date. The court emphasized that Rule 1D must not contravene Section 3 of the Wealth-tax Act, which requires valuation on the assessee's valuation date.

3. Validity of Rule 1D:
The court did not find it necessary to rule on the vires of Rule 1D since it construed Section 7(1) and Rule 1D in a manner that avoided conflict. The court held that Rule 1D is valid but its application is conditional based on the alignment of valuation dates.

4. Obligation to Refer Valuation to Valuation Officer u/s 16A:
The court ruled that if the value determined by the Wealth-tax Officer exceeds the returned value by more than the prescribed limit, a reference to the Valuation Officer u/s 16A is mandatory. The Valuation Officer is not bound by Rule 1D and must determine the market value based on what the asset would fetch if sold in the open market, following the yield method as endorsed by the Supreme Court.

5. Jurisdiction under Article 226:
The court exercised its jurisdiction under Article 226 of the Constitution, despite the availability of alternative remedies, due to the serious challenge to the vires of Rule 1D and the general public importance of the issues involved. The court quashed the impugned order and allowed the petition, directing the Commissioner of Wealth-tax to pass a fresh order considering the court's observations.

Conclusion:
The petition was allowed, and the Commissioner of Wealth-tax was instructed to reconsider the valuation in light of the court's judgment. The petitioner was awarded costs.