1982 (9) TMI 107 - AT - Wealth-tax

Summary

Issues:
Whether the assessee was entitled to the benefit of section 7(4) of the Wealth-tax Act, 1957 regarding a residential property.
Whether the conditions of section 7(4) were fulfilled by the assessee.
Valuation of the residential property for assessment years 1977-78 to 1979-80.

Analysis:
The appeals before the Appellate Tribunal ITAT Chandigarh involved the question of whether the assessee, a Hindu Undivided Family (HUF), was entitled to the benefit of section 7(4) of the Wealth-tax Act, 1957, concerning a residential property located in Ludhiana. The property in question, a kothi in Sant Nagar, was constructed in the financial year 1973-74 and was not let out during the relevant years. The valuation of the property by the departmental valuer and the Wealth Tax Officer (WTO) differed, leading to a dispute regarding the exemption available to the assessee for the property.

The Appellate Tribunal noted that section 7(4) freezes the open market valuation of self-occupied properties under certain conditions. One such condition is that the property must be exclusively used by the assessee for residential purposes throughout the 12 months immediately preceding the valuation date. In this case, all members of the HUF resided in the USA, and the property was not used for residential purposes as required by the provision. Therefore, the Tribunal held that the conditions of section 7(4) were not satisfied, and the assessee was not entitled to the benefit for the assessment years under appeal.

Regarding the valuation of the property, the Tribunal found the valuations by the WTO for the relevant years to be reasonable and fair considering factors such as the property's location, prevailing real estate prices, and the previous valuation. Consequently, the Tribunal reversed the orders of the Appellate Commissioner (AAC) and upheld the valuations determined by the WTO. As a result, the appeals by the revenue were allowed, and the orders of the AAC were set aside.

In conclusion, the Appellate Tribunal ITAT Chandigarh ruled that the assessee was not entitled to the benefit of section 7(4) of the Wealth-tax Act, 1957, due to non-compliance with the conditions of the provision. Additionally, the Tribunal upheld the valuations of the residential property for the assessment years 1977-78 to 1979-80 as determined by the WTO, reversing the orders of the AAC.