2016 (1) TMI 443 - AT - Wealth-tax

Inclusion of aircraft in the wealth tax assessment - co-ownership of the aircraft - exception u/s.2(ea)(iv) of the Wealth Tax Act - Held that - value of aircraft, which is used in the assessee s business, cannot be included in taxable wealth and the exception provided u/s.2(ea)(iv) of the Wealth Tax Act is attracted. Merely because the Revenue has not accepted the decision of the Tribunal and an appeal has been filed before the Hon ble Bombay High Court, the same in our opinion, cannot be a valid reason to take a different view other than the view taken by the Tribunal until and unless such view is reversed by a Higher Court. - Decided against the revenue.

Summary

Issues:
1. Inclusion of aircraft in taxable net wealth under Wealth Tax Act.
2. Interpretation of "commercial purposes" under section 2(ea)(iv) of Wealth Tax Act.

Issue 1: Inclusion of aircraft in taxable net wealth under Wealth Tax Act:
The appeal was filed by the Revenue against the order of the CIT(A)-II, Pune, regarding the Assessment Year 2011-12. The assessee company, engaged in vaccine production and sales, co-owned an aircraft used in its business. The company did not include the aircraft in its taxable net wealth, citing it was used for business purposes. However, the AO included the aircraft's value in the taxable wealth, stating that the exception under section 2(ea)(iv) of the Wealth Tax Act applies only if the aircraft is used for commercial purposes. The CIT(A) directed to exclude the aircraft's value from taxable wealth, relying on previous tribunal decisions and the Hon'ble Delhi High Court ruling. The CIT(A) held that the aircraft used in the appellant's business cannot be included in taxable wealth, as the exception under section 2(ea)(iv) of the Wealth Tax Act is attracted.

Issue 2: Interpretation of "commercial purposes" under section 2(ea)(iv) of Wealth Tax Act:
The CIT(A) based the decision on the interpretation of "commercial purposes" under the Wealth Tax Act. The Hon'ble Delhi High Court's ruling emphasized that the term "commercial purposes" should be understood as activities connected with the business. It clarified that the use of an aircraft by company executives for business-related travel constitutes commercial use, even if not for hiring or leasing. The decision highlighted that the legislative intent was not limited to hiring out the aircraft. The CIT(A) found no merit in the Revenue's arguments and upheld the exclusion of the aircraft's value from taxable wealth. The tribunal dismissed the Revenue's appeal, stating that until a higher court reverses the view, the decision based on previous tribunal rulings and the High Court's judgment stands.

In conclusion, the tribunal upheld the CIT(A)'s decision to exclude the aircraft's value from the taxable wealth, emphasizing the interpretation of "commercial purposes" under the Wealth Tax Act and relying on previous tribunal decisions and the Hon'ble Delhi High Court ruling. The Revenue's appeal was dismissed, affirming that the aircraft used in the appellant's business falls under the exception provided in section 2(ea)(iv) of the Wealth Tax Act.