2016 (4) TMI 550 - AT - Wealth-tax

Exemption u/s 2(ea)(i)(5) of the Wealth Tax Act - CWTA bringing the warehouse to wealth tax by not treating the same as a commercial establishment warranting exemption u/s 2(ea)(i)(5) of the Act - Held that - In the instant case, it is not in dispute that the Learned AO had accepted the rental income derived from letting out of the warehouse as income from business. It is not in dispute that the assessee had indeed derived income from handling and transportation of food grains and claiming deduction u/s 80IB of the IT Act, 1961 which is also granted by the Learned AO in scrutiny assessment proceedings. Hence it can be safely concluded that the warehouse at Kandla Port has been utilsied for business purposes by the assessee and hence exempt u/s 2(ea)(i)(3) of the Act . It is also in the nature of commercial establishments and hence exempt u/s 2(ea)(i)(5) of the Act . Thus we have no hesitation in deleting the addition made by the Learned AO in bringing the warehouse at Kandla Port to wealth tax. - Decided in favour of assessee

Issues Involved:
Whether the warehouse at Kandla Port qualifies as a commercial establishment warranting exemption under section 2(ea)(i)(5) of the Wealth Tax Act, 1957.

Detailed Analysis:

Issue 1: Classification of Warehouse as a Commercial Establishment
The primary issue in this case was whether the warehouse at Kandla Port owned by the assessee could be considered a commercial establishment and thus exempt from wealth tax under section 2(ea)(i)(5) of the Act. The assessee argued that the warehouse was used for integrated business activities of handling, transportation, and storage of food grains, generating rental, handling, and transportation income. The Assessing Officer (AO) contended that a commercial establishment must involve a place where business or trade is conducted, and thus the warehouse did not qualify. The Commissioner of Wealth Tax (Appeals) upheld the AO's decision. However, the tribunal found that the rental income from the warehouse was treated as business income in the income tax proceedings, and the assessee was granted deductions under section 80IB of the Income Tax Act, indicating the warehouse's use for business purposes. The tribunal also referred to a decision by the Bombay High Court that set aside a similar Pune Tribunal decision, supporting the assessee's position. Ultimately, the tribunal concluded that the warehouse at Kandla Port was used for business purposes and qualified as a commercial establishment, exempting it from wealth tax under section 2(ea)(i)(5) of the Act.

Issue 2: Judicial Precedents and Legal Interpretation
The tribunal relied on judicial precedents, including decisions by the Pune Tribunal and Kolkata Tribunal, to support its conclusion that properties like the warehouse in question, used for business activities and let out for commercial purposes, should be excluded from the computation of taxable net wealth. The tribunal emphasized that the nature and purpose of property use for commercial activities are crucial in determining whether it qualifies as a commercial establishment. By analyzing the legal definitions of "commercial" and "establishment," the tribunal found that the warehouse, being utilized for business-related activities, fell within the scope of a commercial establishment as defined under the Act. Citing specific cases and legal interpretations, the tribunal justified its decision to delete the addition made by the AO concerning the warehouse's inclusion in wealth tax assessment.

Conclusion
In conclusion, the tribunal allowed the appeal of the assessee, ruling in favor of deleting the addition made by the AO regarding the warehouse at Kandla Port's inclusion in wealth tax assessment. By considering the nature of property use, business activities conducted, and relevant legal interpretations, the tribunal determined that the warehouse qualified as a commercial establishment exempt from wealth tax, in accordance with section 2(ea)(i)(5) of the Wealth Tax Act, 1957.

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