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1994 (9) TMI 2 - SC - Wealth-taxWhether rule 1BB of the Wealth-tax Rules 1957 is a provision which affects and alters the substantive rights or is merely procedural - held that rule 1BB is essentially a rule of evidence as to the choice of one of the well-accepted methods of valuation in respect of certain kinds of properties with a view to achieving uniformity in valuation and avoiding disparate valuations resulting from application of different methods of valuation respecting properties of a similar nature and character
Issues Involved:
1. Whether Rule 1BB of the Wealth-tax Rules, 1957, is a provision affecting substantive rights or is merely procedural. 2. Whether Rule 1BB is applicable to all proceedings pending at its enactment. Issue-wise Detailed Analysis: 1. Whether Rule 1BB of the Wealth-tax Rules, 1957, is a provision affecting substantive rights or is merely procedural: The principal question in these cases is whether Rule 1BB is a provision of substantive law or merely procedural. Rule 1BB concerns the mode of valuation of house property wholly or mainly used for residential purposes for the purposes of ascertaining the net wealth under the Wealth-tax Act, 1957. Section 7(1) of the Wealth-tax Act, as it stood during the relevant period, provided that the value of any asset other than cash shall be estimated to be the price it would fetch if sold in the open market on the valuation date. Rule 1BB, inserted by the Wealth-tax (Amendment) Rules, 1979, with effect from April 1, 1979, provided a formula for determining the market value of a house used wholly or mainly for residential purposes. The High Courts of Gujarat, Karnataka, Madhya Pradesh, Delhi, and Calcutta have held that Rule 1BB is procedural and not substantive. The Gujarat High Court in CWT v. Kasturbhai Mayabhai [1987] 164 ITR 107 (Guj) stated that Rule 1BB provides a formula for determining the market value of a house and is procedural in nature as it does not impair any vested right or create any new obligation. This view was followed in CWT v. Niranjan Narottam [1988] 173 ITR 693 (Guj) and by other High Courts. The distinction between substantive law and procedural provisions is well-recognized. Substantive laws fix duties, establish rights and responsibilities, while procedural laws prescribe the manner in which such rights and responsibilities may be exercised and enforced in a court. This distinction is supported by various legal authorities, including Black's Law Dictionary, Salmond's Jurisprudence, and Halsbury's Laws of England. The Supreme Court in Kesoram Industries and Cotton Mills Ltd. v. CWT [1966] 59 ITR 767 (SC) observed that Section 7(2) of the Wealth-tax Act provides machinery for valuation of assets and is an artificial rule adopted to avoid prolonged investigation. Procedural law is generally applicable to pending cases, and no suitor has a vested right in procedure. 2. Whether Rule 1BB is applicable to all proceedings pending at its enactment: The Supreme Court held that Rule 1BB is essentially a rule of evidence as to the choice of one of the well-accepted methods of valuation in respect of certain kinds of properties. Rule 1BB was intended to impart uniformity in valuations and to avoid vagaries and disparities resulting from the application of different modes of valuation in different cases where the nature of the property is similar. The rule provides a choice amongst well-known and well-settled modes of valuation and is procedural in nature. The Court referred to the principle that procedural provisions are presumed to apply to pending as well as future proceedings unless there is a clear indication to the contrary. This principle is supported by legal authorities, including Bennion's Statutory Interpretation and Halsbury's Laws of England. The Court concluded that Rule 1BB is procedural and applies to all pending cases. The view taken by the High Courts cannot be said to be erroneous. Therefore, the appeals were dismissed, and there were no orders as to costs. Conclusion: The Supreme Court held that Rule 1BB of the Wealth-tax Rules, 1957, is procedural and not substantive. It applies to all proceedings pending at its enactment. The rule is intended to achieve uniformity in valuation and avoid disparate valuations. The appeals were dismissed, and there were no orders as to costs.
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