1971 (9) TMI 27 - SC - Wealth-tax

Whether on the facts and the circumstances of the case the Tribunal was right in holding that the income-tax liabilities amounting to Rs. 1,994,270 was not allowable as a deduction in the computation of net wealth of the assessee-company in view of the provisions of section 2(m)(iii) of the Wealth-tax Act, 1957 - answer of the question is given in favour of the department

Summary

Issues:
1. Deductibility of income-tax liabilities in the computation of net wealth under the Wealth-tax Act, 1957.

Analysis:
The Supreme Court, in this judgment delivered by Justice Hegde and Justice Grover, addressed the issue of whether income-tax liabilities amounting to Rs. 1,994,270 were allowable as a deduction in the computation of net wealth under the Wealth-tax Act, 1957. The case involved the wealth-tax assessment of the assessee for the year 1959-60, with the valuation date being the calendar year ending December 31, 1958. The Wealth-tax Officer had refused to allow a deduction of Rs. 10,81,971, representing income-tax liability of the assessee, most of which related to the assessment year 1951-52 and was disputed by the assessee. The Tribunal scaled down the claim for deduction to Rs. 10,31,971, allowing only Rs. 37,701 as a deduction for the last instalment of advance tax outstanding. The remaining disputed amount of Rs. 9,94,270 was not allowed as a deduction by the Tribunal under section 2(m)(iii) of the Wealth-tax Act.

The High Court had ruled in favor of the assessee based on a previous decision involving Kesoram Industries and Cotton Mills Ltd., where a provision for income-tax and super-tax in the balance-sheet was held to be a debt owed within the meaning of the Wealth-tax Act. However, the Supreme Court clarified that the facts of the present case fell within the scope of section 2(m)(iii) of the Act, which specifically excludes the amount of tax payable in consequence of any order passed under the Act, outstanding on the valuation date and claimed by the assessee in appeal, from being deductible in the computation of net wealth. The Court emphasized that the High Court had erred in overlooking this provision.

Therefore, the Supreme Court allowed the appeal, revoking the decision of the High Court, and ruled in favor of the department, holding that the disputed income-tax liability could not be considered as a deduction in the computation of net wealth. The Court concluded by stating that there would be no order as to costs in the appeal.