1980 (3) TMI 177 - AT - Wealth-tax

Summary

Issues:
1. Claim of relief under section 5(1)(iv) of the Wealth Tax Act for a factory building.
2. Claim of exemption for old and new machineries under section 5(1)(xxxii) of the Act.
3. Treatment of transferred business assets in taxable wealth calculation.

Analysis:

Claim of relief under section 5(1)(iv) of the Wealth Tax Act for a factory building:
The assessee, a Hindu Undivided Family (HUF), sought relief under section 5(1)(iv) of the Wealth Tax Act for a factory building valued at Rs. 75,000. The Income Tax Officer (ITO) disallowed the claim, leading to an appeal before the Appellate Assistant Commissioner (AAC). The AAC disagreed with the Tribunal's decision for the preceding assessment years and denied the claim. However, the Tribunal, citing its earlier order, allowed the appeal in favor of the assessee, stating that the factory building qualified for exemption under the Act. The AAC's refusal to accept the Tribunal's order was deemed unfair, and the assessee was granted relief of Rs. 75,000 under section 5(1)(iv) of the Act.

Claim of exemption for old and new machineries under section 5(1)(xxxii) of the Act:
In the assessment years 1976-77 and 1977-78, the assessee claimed exemptions for old and new machineries under section 5(1)(xxxii) of the Act. The WTO initially rejected the claim, but the AAC, following the Tribunal's order for the earlier years, excluded the machinery values from the taxable wealth. The Tribunal, in alignment with the assessee's argument that the machineries were part of an industrial undertaking, upheld the exemption. The AAC's decision to exclude the machinery values was deemed justified, and the order was maintained.

Treatment of transferred business assets in taxable wealth calculation:
For the assessment year 1977-78, the Department contested the AAC's decision to allow relief of Rs. 74,417 related to transferred business assets between two entities. The assets were erroneously included twice in the taxable wealth calculation by the WTO. The AAC rectified this error by excluding the duplicated amount from the assessment. Despite an oversight in the order summary, the AAC's correction was deemed appropriate, and the relief granted was increased by Rs. 74,417. Consequently, the appeals of the assessee were allowed, while those of the Department were dismissed.