1983 (1) TMI 159 - AT - Wealth-tax

Summary

Issues:
1. Valuation of property under wealth-tax assessment.
2. Exemption claimed by the assessee in relation to agricultural property.

Valuation of Property:
The appeal pertains to the wealth-tax assessment of the assessee for the year 1976-77. The two main objections raised are regarding the valuation of the property at Sembudoss Street, Madras, and the denial of exemption claimed by the assessee for his share of interest in agricultural property held by firms where he was a partner. The department initially denied the exemption, arguing that it should be considered at the firm level. However, following a Special Bench order supporting the assessee's contention, the exemption was granted. Regarding the property valuation, the assessee argued that the notice under the SAFEMFOP Act significantly depresses the property's value. The Tribunal agreed, emphasizing the impact of the notice on the property's market value. The matter was remitted back to the WTO for revaluation considering the SAFEMFOP Act's effect on the property's value.

Exemption Claim for Agricultural Property:
The departmental authorities initially rejected the exemption claimed by the assessee for his share of interest in agricultural property held by firms, arguing it should be considered at the firm level. However, following a Special Bench order supporting the assessee's claim, the exemption was granted. The Tribunal held that the exemption should be allowed based on the Special Bench order, directing the department to grant the exemption accordingly.

Conclusion:
The Tribunal allowed the appeal, accepting the assessee's objections regarding the valuation of the property and the exemption claimed for agricultural property. The Tribunal emphasized the impact of the SAFEMFOP Act notice on the property's market value, remitting the matter back to the WTO for revaluation. The decision was based on the Special Bench order supporting the assessee's contentions and the need to consider the effect of the notice on the property's value comprehensively.