1981 (1) TMI 128 - AT - Wealth-tax

Summary

Issues:
- Deduction of wealth-tax liability amounting to Rs. 52,427 for the year 1975-76.
- Interpretation of Sec. 2(m) of the Wealth Tax Act.
- Application of the decision of the Allahabad High Court in CWT vs. Padampat Singhania (1972) 84 ITR 799 (All).

Analysis:
The judgment involves the appeal of Shri Krishna Nand Garg-HUF of Kanpur regarding the deduction of wealth-tax liability amounting to Rs. 52,427 for the assessment year 1975-76. The issue revolves around the interpretation of Sec. 2(m) of the Wealth Tax Act, which defines net wealth and includes the amount of tax payable under the Act outstanding for more than 12 months on the valuation date. The Wealth Tax Officer (WTO) had denied the deduction, stating that the amount was outstanding for more than 12 months on the valuation date of 31st Dec, 1974.

The assessee appealed to the AAC of Wealth-tax Spl. Range, Kanpur, who upheld the WTO's decision, citing that the liability arose on the valuation date itself. The AAC distinguished a previous decision of the Allahabad High Court in CWT vs. Padampat Singhania, stating that the facts of the current case were different. The assessee then appealed to the Tribunal, arguing that the tax authorities erred in denying the deduction based on the Allahabad High Court's decision in (1970) 77 ITR 583 (All).

The Tribunal considered the provisions of Sec. 2(m) of the Act and the timeline of events leading to the assessment. It noted that the returns for the relevant years were filed on 8th July, 1974, assessments were made on 27th July, 1974, and demand notices were served on 5th Aug, 1974. The Tribunal concluded that the wealth-tax liability of Rs. 52,427 was not outstanding for more than 12 months on 31st Dec, 1974, as asserted by the tax authorities. The Tribunal's decision was supported by the Allahabad High Court's ruling cited by the assessee's counsel.

Ultimately, the Tribunal allowed the appeal by the assessee, thereby granting the deduction of the wealth-tax liability amounting to Rs. 52,427 for the assessment year 1975-76.