2009 (2) TMI 19 - HC - Wealth-tax

Wealth tax - whether the Tribunal was right in holding that land used for internal roads of the factory and play ground for workers of the factory is taxable as wealth of the company, when the factory building has not been charged for wealth-tax this question is answered in the affirmative and in favour of revenue

Summary

Issues:
1. Taxability of land used for internal roads and playground.
2. Ownership of land including approach roads and internal roads.

Issue 1: Taxability of land used for internal roads and playground:

The case involved a dispute regarding the taxability of land used for internal roads and playgrounds of a factory under the Wealth Tax Act. The Tribunal had to determine whether such land, not charged for wealth tax, should be considered taxable as wealth of the company. The court analyzed Section 40(3)(vi) of the Wealth Tax Act, which outlined assets chargeable to wealth tax, and noted that internal roads and playgrounds were not exceptions carved out by the subsection. The court emphasized that for land appurtenant to be exempt, a building falling within specific categories had to exist first. The court rejected the argument that a playground or internal road could be considered a building. Ultimately, the court held that the land in question was taxable as wealth, ruling in favor of the revenue.

Issue 2: Ownership of land including approach roads and internal roads:

The second issue revolved around the ownership of the land, including approach roads and internal roads. The court noted that the applicant had not disputed their ownership of the entire plot with structures. Even though municipal bye-laws required reservation of land for approach and internal roads, the court held that such reservation did not alter ownership. The court clarified that ownership of the asset could be determined independently of the Income Tax Act and was not contingent on its provisions. As the applicant had acknowledged ownership of the land, including the roads, the court deemed it unnecessary to address the issue of ownership further. Consequently, the court left issue 2 unanswered, disposing of the reference accordingly.

In conclusion, the High Court of BOMBAY HIGH COURT ruled on the taxability of land used for internal roads and playgrounds under the Wealth Tax Act and clarified the ownership of land, including approach and internal roads, in a comprehensive and detailed judgment.