2006 (2) TMI 111 - HC - Wealth-tax

Additional compensation awarded by the civil court had not been accepted by the State Government and it had preferred an appeal - The right to receive the additional amount awarded by the court as part of the compensation was only an inchoate right during the pendency of the matter before higher judicial forums. In such circumstances, the disputed compensation has to be assessed only when it is finally determined by the higher courts. The Tribunal had rightly held that the additional compensation could not be assessed during the year in question and can be assessed only at a time when the final higher court decides the issue. - wealth-tax assessment had been framed on the basis of the corresponding income-tax assessments. Hence, when the income itself is not accruing or arising, the question of levying wealth-tax also does not arise, as it is only consequential in nature

Summary

Issues:
1. Interpretation of sections 45(5)(c) and 155(16) of the Income-tax Act regarding the mode of calculation.
2. Tax liability on interest received on additional compensation during pending appeals in acquisition proceedings.
3. Assessment of disputed compensation for wealth tax purposes.

Analysis:

1. The first issue raised in the appeal questions the correctness of the Income-tax Appellate Tribunal's decision in not considering the provisions of sections 45(5)(c) and 155(16) of the Income-tax Act. The court referred to a previous decision where it was held that additional compensation not accepted by the State Government pending appeal cannot be treated as part of the compensation until finally determined by a higher court. The court emphasized that such disputed compensation should only be assessed when determined by the higher courts, as it remains an inchoate right during the pendency of the matter before judicial forums.

2. The second issue pertains to the tax liability on interest received on additional compensation during pending appeals in acquisition proceedings. The court reiterated that the additional compensation could not be assessed during the year in question and should only be assessed when finally determined by higher courts. The court emphasized that the right to receive the additional amount awarded by the court as part of compensation is only an inchoate right during the pendency of the matter before higher judicial forums.

3. The third issue concerns the assessment of disputed compensation for wealth tax purposes. The court held that the wealth-tax assessment should be based on corresponding income-tax assessments. Therefore, when the income itself is not accruing or arising, the question of levying wealth tax does not arise, as it is consequential in nature. The court found that the Tribunal's order was in accordance with the law and required no interference, dismissing the appeal as no questions of law arose for consideration.

In conclusion, the court upheld the Tribunal's decision based on the principles established in previous judgments, emphasizing the need to wait for final determination by higher courts before assessing disputed compensation for tax purposes.