1974 (4) TMI 4 - HC - Wealth-tax

Father renounced right to further equity shares in favour of minor daughter who acquired shares with her own funds - market value of shares exceeded face value - Whether on the facts and in the circumstances of the case the Tribunal was right in holding that the value of the assessee s right to acquire further equity shares which right he renounced in favour of his minor daughter was not includible in the assessee s net wealth under section 4(1)(a)(ii) of the Wealth-tax Act 1957 ?

Summary

Issues:
Interpretation of section 4(1)(a)(ii) of the Wealth-tax Act, 1957 regarding inclusion of the value of the right to acquire further equity shares renounced in favor of a minor daughter in the assessee's net wealth.

Analysis:
The case involved a question on whether the value of the assessee's right to acquire further equity shares, which he renounced in favor of his minor daughter, should be included in his net wealth under section 4(1)(a)(ii) of the Wealth-tax Act, 1957. The Tribunal reversed the decision of the Appellate Assistant Commissioner, holding that the right ceased to exist once the minor acquired the shares, and thus, there was no asset to be included in the assessee's net wealth.

The key contention revolved around the interpretation of section 4 of the Wealth-tax Act, specifically focusing on the assets held by the minor daughter that were transferred by the assessee. The Tribunal correctly noted that the right to acquire further shares was extinguished once the minor daughter purchased the shares, and as such, there was no asset to be valued for inclusion in the net wealth of the assessee.

The legal representatives presented contrasting arguments, with the revenue contending that the minor daughter held assets worth Rs. 40 per share, while the assessee's representative argued that no asset existed on the valuation date for inclusion in the net wealth calculation. The court agreed with the assessee's representative, emphasizing that the right to acquire further shares had ceased to exist once exercised by the minor daughter.

The court delved into the specifics of the Companies Act, 1956, governing the right to acquire shares, highlighting the limited life of such rights and the subsequent extinguishment upon exercise. The legal fiction introduced by section 4 did not create assets where none existed, but rather altered ownership of existing assets transferred without adequate consideration.

Moreover, the court clarified that the distinction between the right to acquire shares and the actual shares held by the minor daughter was crucial. The valuation of assets for net wealth inclusion hinged on assets transferred to the minor, which in this case, did not encompass the right to acquire shares renounced by the assessee.

In conclusion, the court upheld the Tribunal's decision, ruling in favor of the assessee and against the revenue. The judgment emphasized that the right to acquire further equity shares, once renounced and exercised by the minor daughter, did not constitute an asset for inclusion in the assessee's net wealth.