1985 (12) TMI 113 - AT - Wealth-tax

Summary

Issues:
1. Exemption of shares and assets from wealth tax assessment under s. 5(1)(i) of the WT Act 1957.
2. Interpretation of provisions of s. 21-A of WT Act r/w s. 13(2)(h) of the IT Act, 1961.
3. Assessment of investment in Motor General Finance Ltd. and Goodwill India Ltd. by a charitable trust.

Analysis:
1. The case involves the exemption of shares and assets from wealth tax assessment under s. 5(1)(i) of the WT Act 1957. The assessee, a charitable trust, claimed exemption for the shares of Motor General Finance Ltd. and Goodwill India Ltd. The WTO computed the net wealth, not allowing the exemption claim under s. 5(1)(i). The AAC directed the deletion of the shares' value, relying on a previous Tribunal order. The Tribunal upheld the AAC's decision based on the nature of the shares received as corpus and bonus shares, exempting them from taxation.

2. The interpretation of provisions of s. 21-A of WT Act r/w s. 13(2)(h) of the IT Act, 1961 was a crucial aspect. The Revenue objected to the exemption of shares under these provisions. The Tribunal analyzed the balance sheet of the assessee society and upheld the exemption based on the shares' endowment as corpus and bonus shares, following the precedent set in a previous order for the same case.

3. The assessment of investment in Motor General Finance Ltd. and Goodwill India Ltd. by the charitable trust was disputed. The Revenue contended that the shares should not be exempted under s. 21-A of WT Act r/w s. 13(2)(h) of the IT Act, 1961. However, the Tribunal ruled in favor of the assessee, considering the nature of the shares received and the percentage of investment in the companies. The Tribunal rejected the Revenue's objection, maintaining the exemption granted by the AAC.

In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the exemption of shares and assets from wealth tax assessment for the charitable trust based on the specific circumstances and nature of the investments made. The judgment emphasized the importance of considering the origin and purpose of shares in determining their taxability for charitable trusts.