2022 (2) TMI 300 - HC - Wealth-tax

Wealth tax assessment - Piece of land in Panvel held as its stock in trade or taxable within the provisions of Wealth Tax Act - ITAT treating the land which was approved by the State Government only for industrial purpose as stock in trade - Whether Hon ble ITAT erred in not appreciation the provisions of section 2(ea) of Wealth Tax Act, 1957 which is totally applicable as per the facts of this case? - HELD THAT - ITAT by its order pronounced on 21st June, 2019 and impugned in this appeal concurred with the finding of CIT(A). ITAT also held, and rightly so, that the explanation (1)(b) attached with Section 2(ea) of the Act clearly specified that any land held by assessee as stock in trade for a period of 10 years from the date of acquisition will not be included in the definition of Urban Land . ITAT also held that as per Section 2(m) of Wealth Tax Act, while determining the wealth tax liability of Respondent, the aggregate value of debt owed by Respondent in respect of assets owned by Respondent have to be reduced from the aggregate value of asset belonging to Respondent. Having considered impugned order of ITAT and also the order of AO as well as CIT(A), in our view, the Tribunal has not committed any perversity or applied incorrect principles to the given facts and when the facts and circumstances are properly analyzed and correct test is applied to decide the issue at hand, then, we do not think the questions as proposed raises any substantial question of law.

Summary

Issues:
1. Whether the land held by the Respondent in Panvel was its stock in trade or taxable within the provisions of the Wealth Tax Act.

Analysis:
The Respondent was developing a project named "Mega City" spread over 600 acres of land at Panvel, duly approved by the State Government under the Special Township Development Scheme. The land was purchased in the financial years 2008-09 and 2009-10 and reflected as inventories in the financial statements, categorized as stock in trade. The Respondent argued that the land was excluded from wealth tax as it was considered stock in trade and exempt for 10 years from the date of acquisition. However, the Assessing Officer disagreed, stating that land acquired for industrial purposes does not qualify as stock in trade if left unused for two years, thus forming part of the Respondent's wealth. The Assessing Officer further contended that the Respondent was not a land dealer engaged in buying and selling, and thus, the land could not be considered as inventory.

The Respondent challenged the Assessing Officer's decision before the Commissioner of Income Tax (Appeals) (CIT (A)). The CIT (A) acknowledged that developing a special township would require time, especially considering the 15-year completion period stipulated in the State Government's sanction letter. The CIT (A) noted that the Assessing Officer did not find any evidence of the Respondent abandoning the development work. Moreover, the CIT (A) highlighted that all expenses incurred by the Respondent were treated as business expenses, indicating ongoing development work, which excluded the land from being classified as 'Urban Land' and instead considered it a business asset.

Subsequently, the Appellant appealed the CIT (A)'s decision to the Income Tax Appellate Tribunal (ITAT). The ITAT, in its order, upheld the CIT (A)'s findings. It emphasized that Section 2(ea) of the Act specified that land held as stock in trade for a decade would not be deemed 'Urban Land.' Additionally, the ITAT pointed out that under Section 2(m) of the Wealth Tax Act, the debt owed by the Respondent in relation to its assets must be deducted from the aggregate value of the assets to determine wealth tax liability.

Upon reviewing the orders of the ITAT, Assessing Officer, and CIT (A), the High Court concluded that the ITAT did not err in its decision. The Court found no substantial question of law raised by the Appellant's proposed questions. Therefore, the appeal was dismissed for lacking merit, with no order as to costs. Consequently, Wealth Tax Appeal Nos. 1 of 2021 and 2 of 2021 were also dismissed.