1982 (3) TMI 86 - AT - Wealth-tax

Summary

Issues:
- Valuation of immovable properties for assessment years 1970-71 to 1975-76
- Failure to consider movable assets' value for assessment years 1972-73 to 1978-79
- Direction to obtain valuation from Valuation Officer under section 16A
- Claim of partial partition of movable assets

Valuation of Immovable Properties:
The Commissioner held that the WTO's valuation of immovable properties was erroneous and prejudicial to revenue interests. However, the Tribunal found the Commissioner's action improper as he failed to establish any error in the valuation done by the WTO. The Tribunal noted that the Commissioner lacked material to challenge the valuation and criticized the Commissioner's approach, stating that different valuers could value properties differently. The Tribunal emphasized that no error was proven in the valuation of immovable properties, and the WTO had relied on reports of registered approved valuers, thus upholding the WTO's assessment.

Direction to Obtain Valuation under Section 16A:
The Tribunal also found fault with the Commissioner's direction to the WTO to obtain valuation from the Valuation Officer under section 16A. It was noted that such a direction required proof that the value shown by registered valuers was less than the fair market value, which was not established. The Tribunal emphasized that references to the Valuation Officer should not be made mechanically, brushing aside the valuation by approved valuers.

Claim of Partial Partition of Movable Assets:
Regarding the claim of partial partition of movable assets, the Tribunal agreed with the Commissioner that the WTO had omitted to address this claim. The Tribunal found that the WTO had not considered the claim and proceeded with reassessments without due regard to the partition claim. Therefore, the Commissioner's direction to examine and decide the claim of partition was upheld for the assessment years 1972-73 to 1975-76. The Tribunal instructed the WTO to review the claim and make necessary modifications to the assessments based on the outcome of the partition claim.

Conclusion:
For the assessment years 1970-71 and 1971-72, the Tribunal set aside the Commissioner's order and restored the WTO's assessments, fully allowing the appeals. However, for the assessment years 1972-73 to 1975-76, the Tribunal upheld the Commissioner's action regarding the claim of partial partition of movable assets. The appeals for these years were partly allowed, with the instruction for the WTO to address the claim of partition and make adjustments accordingly.