1986 (8) TMI 117 - AT - Wealth-tax

Summary

Issues:
1. Inclusion of 1/3rd share in the assets of the HUF in the net wealth of the assessee HUF.
2. Exemption claim under s. 5(1)(iv) of the WT Act for a residential house.
3. Valuation of the residential house at Rs. 3 lakhs.
4. Valuation of agricultural lands in village Bir Bara Ban at Rs. 3,500 per acre.

Analysis:
1. The judgment dealt with the issue of whether 1/3rd share in the assets of the HUF was includible in the net wealth of the assessee HUF for the assessment years 1974-75 to 1978-79. The HUF consisted of the Karta, his wife, son, and a separated widow. The claim that only 2/3rd share should be assessable due to the deceased Karta's share was negatived by the WTO and AAC. The assessee relied on various court judgments, but the Tribunal upheld the orders, emphasizing the necessity of a claim for separation by the female member as per the Hindu Succession Act, ultimately rejecting the grounds for all the years.

2. The next issue revolved around the rejection of the claim that a residential house was exempt under s. 5(1)(iv) of the WT Act. The claim was not made before the WTO, and the AAC declined to admit the additional ground raised during the appeal. The Tribunal dismissed the ground, citing the lack of material on record and the absence of facts supporting the exemption claim, as required by the relevant section.

3. Another common ground was the challenge to the valuation of the residential house at Rs. 3 lakhs, deemed excessive and arbitrary by the assessee. The Tribunal found no merit in this ground, noting that the value had been consistently fixed at Rs. 3 lakhs in earlier years as well. With insufficient details to warrant a departure from the established value, the ground was rejected for all the years under appeal.

4. The final issue pertained to the valuation of agricultural lands in village Bir Bara Ban at Rs. 3,500 per acre. The assessee argued that the right of enjoyment was limited to two generations, with one already expired, suggesting a decrease in value. The Departmental Representative, however, highlighted the appreciation in land value and the assessability of the right of enjoyment. The Tribunal modified the valuation to Rs. 3,250 per acre, considering the decreasing right of enjoyment and the increased property value, directing the WTO to recalculate the assessments accordingly.

In conclusion, the Tribunal partly allowed all the appeals, addressing the various issues raised by the assessee regarding the inclusion of HUF assets, exemption claims, valuation of properties, and the right of enjoyment over agricultural lands.