1985 (12) TMI 3 - SC - Wealth-tax

Inspection of the property - When the state claims the properties to be state property, inspection of the same has to be granted in a writ petition in order to determine the true ownership - inspection committee will complete the inspection and submit its report to the High Court within three months from the commencement thereof

Summary

Issues:
- Whether the appellant's prayer for inspection of jewellery and valuable articles was improperly declined by the learned single judge.
- Whether the inspection sought by the appellant was necessary for determining ownership and exemption under the Wealth-tax Act.
- Whether the appellant had prima facie title to the property in question.
- Whether the assessment orders by the Wealth-tax Officer were valid.
- Whether the impugned order declining inspection was erroneous.

Analysis:
The Supreme Court granted leave to hear the appeal and considered the question of whether the appellant's request for inspection of jewellery and valuable articles, kept under lock and seal in Srinagar Toshakhana, was wrongly denied by the learned single judge. The appellant argued that inspection was crucial to establish ownership and exemption under the Wealth-tax Act. The Court noted that the inspection was necessary for determining whether the items were heirlooms as claimed by the appellant. The Court found it perplexing that the learned judge had deemed the inspection unnecessary, given the pending matters before the Government of India. The Court emphasized the importance of the inspection by experts in facilitating the determination of ownership and exemption status. The Court disagreed with the reasoning of the learned judge and deemed the impugned order erroneous.

The Union of India and the Advocate General of Jammu & Kashmir contended that the appellant's claim of ownership had been refuted in counter-affidavits, asserting that the items were state property. They raised objections regarding the maintainability of the writ petition based on historical agreements. However, the Court held that the issues of maintainability and ownership would be addressed during the final hearing. The Court emphasized that an inspection by experts would be beneficial in determining the appellant's title to the property. The Court highlighted that the appellant's claim for exemption under the Wealth-tax Act was pending, and recent assessment orders had valued the estate at a higher figure, rejecting the exemption claim. The Court concluded that the inspection sought by the appellant should have been granted, considering the facts presented.

The Court directed that the six boxes containing the items be opened for inspection by a committee comprising specified experts. The inspection aimed to determine the nature of the items, whether they constituted heirlooms, and their significance to the appellant's family. The Court instructed the parties to seek further directions from the High Court regarding the inspection process. The Court allowed the appeal, emphasizing the importance of the inspection and overturning the impugned order.