2012 (5) TMI 151 - AT - Income Tax

Valuation of property under wealth tax - asset under WT Act - valuation as per valuation fixed by the Stamp Duty Authorities or as per Government approved valuer - Urban land but falling in the non-development - restriction on the construction - 50% for hotel and 50% for general public park - held that - in view of the decision of the Hon ble Supreme Court in the case of K Vasundara Devi, we allow the deduction of 40% while computing the fair market value of the land in question on account of large track of the land. The expenditure incurred by the assessee for removing of the infirmity/defects - the expenditure, which is incurred for exploiting the potential development of the land, is an allowable deduction for computation of fair market value while determining the net wealth. - Accordingly, we allow the expenditure incurred by the assessee on development of park including construction of park, construction of strom water drain, compound wall in the garden area etc. - Partly in favor of assessee.

Issues Involved:
1. Liability of the property (land) to wealth tax.
2. Valuation of the property for wealth tax purposes.
3. Allowability of deductions in the valuation of the property.
4. Applicability of exceptions under the Wealth Tax Act for industrial purposes.

Issue-wise Detailed Analysis:

1. Liability of the Property (Land) to Wealth Tax:
The Commissioner of Wealth Tax (Appeals) confirmed that the property (land) is liable to wealth tax for AY 1996-97. The assessee claimed the land falls under exceptions in section 2(ea) of the Wealth Tax Act, asserting it was reserved land and hence not liable for wealth tax. The Assessing Officer countered this, stating the land was unused and its purpose was unknown until development permission was obtained in FY 1998-99. Consequently, the land was deemed assessable to wealth tax.

2. Valuation of the Property for Wealth Tax Purposes:
The assessee argued that the market value of the property should be Rs. 56,45,721/- after deductions for largeness, development costs, and deferred value, as per a valuation report. The Assessing Officer, however, assessed the wealth tax based on the valuation fixed by the Stamp Duty Authorities without allowing any deductions. The CWT(A) upheld the disallowance of deductions but directed the valuation to be Rs. 3,76,69,528/- for AY 1996-97, with a 5% incremental increase for subsequent years.

3. Allowability of Deductions in the Valuation of the Property:
The assessee sought deductions aggregating Rs. 3,20,23,804/- for largeness factor, development costs, and deferred value. The Tribunal found merit in the contention for a 40% deduction due to the large area of the land, referencing the Supreme Court's decision in K Vasundara Devi v. Revenue Divisional Officer. The Tribunal allowed this deduction but rejected the claim for deferred value due to lack of substantiation.

4. Applicability of Exceptions under the Wealth Tax Act for Industrial Purposes:
The Tribunal concluded that the land, intended for hotel development, qualifies as an industrial concern under the Industrial Development Bank of India Act, 1964. Thus, the land falls under the exception provided in clause (b) of Explanation 1 to section 2(ea) of the Wealth Tax Act, making it non-assessable to wealth tax for the first two years from the date of acquisition (30.11.1995).

Conclusion:
The appeals were partly allowed. The Tribunal ruled that the land was not assessable to wealth tax for AY 1996-97 under the industrial purpose exception. It allowed a 40% deduction for the largeness of the land and deductions for development costs but rejected the deferred value deduction. The valuation of the land was directed to be adjusted accordingly.

← Previous Next →