1967 (11) TMI 17 - HC - Wealth-tax

Determining the net wealth - assessee is a sterling company - whether the amounts standing in the special reserve account on the books of the assessee-company were deductible

Summary

Issues Involved:

1. Deductibility of amounts in the "special reserve account" in determining the net wealth.
2. Deductibility of amounts in the "shareholders' account" in determining the net wealth.
3. Deductibility of debenture liabilities as debts owed by the company under section 2(m) read with section 6 of the Wealth-tax Act.

Issue-Wise Analysis:

1. Deductibility of amounts in the "special reserve account":

The Tribunal held that the amounts in the "special reserve account" were not includible in the company's net wealth. The reasoning was that the company was bound to run its undertaking within the rigid framework of an Act of State legislature, which included a provision for setting apart surplus profits for the benefit of the Government. The Tribunal opined that the company held these amounts on Government account and that it would not be proper to include these amounts in the net wealth of the company. However, the High Court disagreed, stating that the money in this account was not irrevocably transferred and could be used to set off losses, thus remaining under the company's control. Consequently, the High Court answered this issue in the negative and against the assessee, indicating that these amounts should be included in the net wealth.

2. Deductibility of amounts in the "shareholders' account":

The Tribunal affirmed the Appellate Assistant Commissioner's decision to disallow the deduction of amounts in the "shareholders' account." The Tribunal reasoned that the amounts could only be used for declaring dividends to shareholders and did not constitute a debt owed by the company. The High Court agreed, noting that the money in the "shareholders' account" did not become a debt until dividends were declared. Since there was no evidence of declared dividends, the amounts remained part of the company's assets. Therefore, the High Court answered this issue in the negative and against the assessee, confirming that these amounts should be included in the net wealth.

3. Deductibility of debenture liabilities:

The Tribunal reversed the Appellate Assistant Commissioner's decision to allow the deduction of debenture liabilities. The Tribunal held that the debenture debts were located outside India, as they were owed to creditors in the United Kingdom and secured by a floating charge on the company's assets in India. The High Court agreed, referencing legal principles that specialty debts are situated where the instrument is physically located. Since the debentures were in the United Kingdom, the debts were considered located outside India and thus excluded from the net wealth computation under section 6 of the Wealth-tax Act. The High Court answered this issue in the negative and against the assessee, confirming that these liabilities should not be deducted in determining the net wealth.

Conclusion:

The High Court's judgment resulted in all three issues being answered in the negative and against the assessee, meaning that the amounts in the "special reserve account" and "shareholders' account" should be included in the net wealth, and the debenture liabilities should not be deducted. The Commissioner was entitled to the costs of the reference.