2016 (2) TMI 151 - AT - Wealth-tax

Whether the land held for business purposes would be liable for wealth tax - assessee had held the unused urban land for its hotel industry purposes and started construction activities thereon commencing from Asst Year 1999-2000 onwards after carrying out the activities of land filling, leveling , earth filling, soil testing etc for the purpose of construction of hotel building. Held that - The approval for construction of hotel building was obtained by the assessee and ultimately the hotel business had commenced in Asst Year 2005-06. The subsequent conduct of the assessee of finally completing the construction of hotel strengthens its original stand of urban land meant to be utilized for the purpose of hotel business. Hence the intention of the assessee to utilize the urban land only for the purpose of its hotel business is proved beyond doubt by the subsequent activities of the assessee. The urban land is not liable for wealth tax - Decided in favor of assessee.

Summary

Issues:
- Whether land held for business purposes is liable for wealth tax.

Analysis:
The appeals of the revenue arose from the order of the Learned C.W.T.(A) against the assessment orders for the Asst Years 2001-02 & 2002-03 framed by the Learned AO under the Wealth Tax Act, 1957. The main issue was whether land held for business purposes would be liable for wealth tax. The assessee had purchased land for setting up a four-star hotel complex and had started construction activities on the land. The revenue contended that the land should be subject to wealth tax as hotel activities had not commenced until Asst Year 2005-06. However, the Learned CWT (A) held that the land utilized for development of the hotel could be exempt under the Act as it was in the nature of a commercial complex and a business asset.

The Tribunal analyzed the situation and found that when land is utilized for construction, it loses its character as land and falls outside the ambit of wealth tax. The construction activity had started in Asst Year 1999-2000, making it an incomplete building, which does not fall under the definition of assets as per the Act. The Tribunal referred to a decision of the Punjab & Haryana High Court to support this interpretation. Additionally, once land is used for construction with approval, it ceases to be identified as vacant land and cannot be independently valued until the building is completed and used for commercial or industrial purposes.

The Tribunal further cited a decision of the Kerala High Court to explain that urban land used for construction is not subject to wealth tax until the building is complete and in use for commercial purposes. The Tribunal emphasized that the intention of the assessee to utilize the land only for the hotel business was evident from the subsequent activities and completion of the hotel building. Based on these facts and legal precedents, the Tribunal held that the urban land was not liable for wealth tax and dismissed the revenue's appeals.