1986 (7) TMI 168 - AT - Wealth-tax

Summary

Issues: Jurisdiction of the Bench to hear wealth-tax appeals with both Members being Judicial Members.

Analysis:
The judgment revolves around the preliminary objection raised by the advocate for the assessee regarding the jurisdiction of the Bench to hear wealth-tax appeals with both Members being Judicial Members. The advocate relied on a decision of the Hon'ble Andhra Pradesh High Court in CWT v. S. Ballah to argue that a Bench must consist of one Judicial Member and one Accountant Member. However, the department did not raise any objection on this issue. The Tribunal analyzed the provisions of the Income-tax Act, 1961, the Wealth-tax Act, 1957, and the Income-tax (Appellate Tribunal) Rules, 1963. The Tribunal disagreed with the assessee's objection, emphasizing that the Andhra Pradesh High Court decision was specific to income levels and not directly applicable. The Tribunal highlighted that jurisdiction is conferred by substantive provisions of the Act, and the Rules only govern how that jurisdiction is exercised. The Tribunal also referenced Rule 52 of the Income-tax (Appellate Tribunal) Rules, which applies mutatis mutandis to proceedings under various Acts, including wealth-tax matters.

The Tribunal further discussed the absence of specific provisions in the Wealth-tax Act regarding the composition of the Bench, contrasting it with other tax laws. Citing a judgment of the Hon'ble Gujarat High Court in Shrenik Kasturbhai v. CWT, the Tribunal concluded that the absence of such provisions in the Wealth-tax Act indicated a deliberate legislative choice. Therefore, the Tribunal held that appeals under the Wealth-tax Act could be heard by any two Members of the Tribunal, not mandating a specific composition of one Judicial Member and one Accountant Member as required under the Income-tax Act. The Tribunal emphasized the importance of interpreting statutes based on clear and unequivocal language, adhering to the ordinary meaning of words used unless contrary legislative intent is evident.

In conclusion, the Tribunal dismissed the preliminary objection raised by the advocate for the assessee, affirming that the appeals could proceed with both Members being Judicial Members. The judgment focused on the legislative intent, statutory provisions, and the application of rules governing the jurisdiction and composition of the Bench in wealth-tax appeals.

Note: The judgment also includes a minor issue in paragraph 7, which is not detailed in this analysis.