1981 (5) TMI 63 - AT - Wealth-tax

Summary

Issues:
1. Additional ground of appeal regarding the application of Rule 1BB of the Wealth Tax Rules.
2. Valuation of residential property at 580-M.G. Road, Indore.
3. Valuation of property at Sanjay-nagar, Indore.
4. Valuation of cars and tractors.
5. Valuation of agricultural land.

Issue 1: The appellant raised an additional ground of appeal regarding the application of Rule 1BB of the Wealth Tax Rules. The Tribunal entertained this ground, allowing for examination. The appellant argued that Rule 1BB should be applied to determine the value of a self-occupied property, even if a higher value was returned. The Tribunal referred to a decision by the Special Bench of the ITAT, Delhi, which held that Rule 1BB is mandatory, retrospective, and can be availed by an assessee returning a higher valuation. Consequently, the Tribunal set aside the orders of the lower authorities and directed the Wealth Tax Officer to determine the correct value of the property in accordance with Rule 1BB for all the relevant assessment years.

Issue 2: The valuation of the residential property at 580-M.G. Road, Indore was contested. The appellant argued that the value should be determined as per Rule 1BB of the Wealth Tax Rules. The Tribunal, following the decision of the Special Bench of the ITAT, Delhi, set aside the lower authorities' orders and directed the Wealth Tax Officer to adopt the correct value of the property in accordance with Rule 1BB for all the relevant years.

Issue 3: The valuation of the property at Sanjay-nagar, Indore was disputed by the appellant. The appellant contested the valuation adopted by the Wealth Tax Officer for the assessment year 1971-72. However, the Tribunal found the valuation of Rs. 60,000 to be reasonable based on the approved Valuer's report for a subsequent year. The Tribunal rejected the appellant's claim regarding the valuation for the assessment year 1971-72.

Issue 4: The valuation of cars and tractors was challenged by the appellant, who argued that the valuation should be done in accordance with Rule 2B of the Wealth Tax Rules. The Tribunal agreed with the appellant, setting aside the lower authorities' orders and directing the Wealth Tax Officer to value the cars and tractors as per Rule 2B for all the relevant years.

Issue 5: The valuation of agricultural land for the assessment year 1973-74 was in question. The appellant declared the value at Rs. 3 lakhs, while the Wealth Tax Officer valued it at Rs. 3,50,000. The Tribunal found the valuation reasonable, considering the higher valuation in the subsequent year. No interference was deemed necessary in this regard. Consequently, the Tribunal partly allowed the appeals for statistical purposes.