2006 (9) TMI 162 - HC - Wealth-tax

Wealth-tax whether gold bonds can be granted exemption under Section 5(1) (xvia) of the Wealth Tax Act, 1957, irrespective of date of maturity of these bonds held, yes whether CDS (Compulsory Deposit Scheme) is annuity and is exempted under Section 2(e)(2)(ii) held, no appeal partly allowed first question is answered in favour of assessee & second question in favour of the revenue

Summary

Issues:
1. Exemption of gold bonds under Wealth Tax Act until redemption
2. Exemption of deposit under Compulsory Deposit Scheme (CDS) under Wealth Tax Act

Analysis:
1. The first issue revolved around the exemption of gold bonds under the Wealth Tax Act until redemption. The assessee held National Defence Gold Bonds due for redemption, which the WTO valued and included in the assessment. The Tribunal upheld the assessee's plea for exemption, citing a circular related to annuities. The High Court referred to a Gujarat High Court judgment, emphasizing that the exemption continued irrespective of the maturity date of the bonds. The court ruled in favor of the assessee based on this precedent.

2. The second issue dealt with the exemption of a deposit under the Compulsory Deposit Scheme (CDS) under the Wealth Tax Act. The Tribunal had ruled in favor of the assessee, but the High Court referred to a Calcutta High Court judgment to determine that the CDS deposit did not qualify as an annuity under Section 2(e)(2)(ii) of the Act. The court agreed with the Calcutta High Court's interpretation, stating that the CDS deposit did not meet the criteria of an annuity and therefore was not exempted. As a result, the second question was answered in favor of the revenue and against the assessee.