2009 (2) TMI 52 - HC - Wealth-tax

Right or interest in property property of trust which was created by assessee s grandfather - Whether Tribunal was right in holding that right to purchase property at a fixed sum was an asset includible in the total wealth of the assessee assessee s contention that mere right to purchase may be for an ascertained price is not property or interest in property and, therefore, could not have been added to his net wealth, is accepted question is answered in negative and in favour of assessee

Summary

The High Court of Bombay considered a case where the Tribunal had referred three questions for consideration. The first question was whether the right to purchase property at a fixed sum was an asset included in the total wealth of the assessee. The second question was whether the Tribunal was right in upholding the reopening of the assessment under S.17(1)(a). The third question was whether the Tribunal was right in upholding the directions of the CWT (A) regarding the value of the right in question 1. The Court noted that the answer to all three questions depended on the first question.

The case involved a trust created by Behram K. Dubash's grandfather, Ardeshir Behram Dubash, with the property "Mount Nepean" as the trust subject. The relevant clauses of the trust deed were analyzed, particularly Clause 4, which detailed the right to purchase the property for a fixed sum of Rs.8 lakhs under certain conditions.

The Court concluded that the relevant part of Clause 4 would only become operational upon the death of Boman Ardeshir Dubash, who was alive at the time of valuation. Therefore, the right to purchase the property could not be treated as an asset for calculating net wealth. Citing a Supreme Court case, the Court determined that the clause did not confer any proprietary right or interest in the property to the assessee. As a result, all three questions were answered in favor of the assessee and against the Revenue.

In summary, the High Court ruled that the right to purchase property under the trust was not an asset for wealth calculation purposes, and the Tribunal's decisions were overturned based on this finding. The case highlighted the importance of specific legal interpretations in determining property rights and interests under trust deeds. The reference was answered accordingly, with the Court's judgment favoring the assessee.