2016 (9) TMI 985 - HC - Wealth-tax

Reopening of assessment - claim of deduction of proportionate liability from the gross wealth of the appellant - Held that - When once all the assets of the business are sought to be valued, the necessity to undertake individual or proportionate distribution of the debts is not required to be undertaken separately. It is a fundamental principle of law that no part of a Statute should be construed as carrying no meaning at all. Every provision must be construed as intended to achieve some purpose or object by the Statute Maker. In other words, no provision of the Statute can be treated as otiose or useless. Keeping those principles in mind, when the Proviso to Rule 14 is examined, it becomes clear that the same will be applicable where it is not possible to calculate the amount of debt that is utilised for purposes of acquiring each of the assets and the formula contained therein brings out the theory of proportionate liability and the principle that would become applicable. In that view of the matter, the Assessee has made a claim to extend the proportionate liability to the value of the 3 assets that was initially applied by the Assessing Officer, but however, it was taken up for re-examination under Section 17 of the Act. Unfortunately, the re-examination has not been confined to that specific area at all and it went into the merits of the matter. In normal circumstances, we would have remanded the matter back for consideration afresh by the Assessing Authority. But, however, due to lapse of more than 15 years period and also in view of the fact that the Wealth Tax Act itself has already been done away with, we find that no useful purpose would be served in remanding the matter and hence, we restore the original order passed by the Assessing Authority under Section 16(1) of the Act, and the appeals stand accordingly allowed to the extent indicated supra.

Summary

Issues Involved:
1. Legality of the reopening of assessment.
2. Deduction of proportionate liability from gross wealth.
3. Rejection of the computation of net wealth by the appellant.
4. Application of Section 7 read with Schedule III, Rule 14 for arriving at net taxable wealth.

Issue-wise Detailed Analysis:

1. Legality of the Reopening of Assessment:
The Assessee filed its Wealth Tax Return for the assessment year 1999-2000, admitting net wealth at ?1,81,000. The Return was processed under Section 16(1) of the Wealth Tax Act, 1957. The assessment was reopened under Section 17 to verify the correctness of the Assessee's claim towards proportionate liability of ?1,67,29,000 from the taxable wealth of ?1,69,10,000. The Assessee again admitted the taxable wealth as ?1,81,000. The Assessing Officer assessed the taxable wealth as ?2,19,52,000 and the tax payable thereon as ?2,19,520. The reopening was challenged but upheld by the Commissioner of Income Tax Appeals and the Income Tax Appellate Tribunal.

2. Deduction of Proportionate Liability from Gross Wealth:
The Assessee made a claim for proportionate liability for three assets disclosed in its Wealth Tax Return. The definition of 'net wealth' under Section 2(m) of the Wealth Tax Act includes the aggregate value of all assets minus debts owed in relation to those assets. Rule 14 of Part D of Schedule III of the Act, which deals with the valuation of business assets, was central to this issue. The Commissioner of Appeals incorrectly concluded that Rule 14 did not apply, failing to recognize that the net value of all business assets should be considered. The Proviso to Rule 14 supports the principle of proportionate liability, indicating that if it is not possible to calculate the amount of debt utilized for acquiring an asset, a formula for proportionate liability should be applied.

3. Rejection of the Computation of Net Wealth by the Appellant:
The Tribunal rejected the Assessee's computation of net wealth, which was based on Rule 14 of Schedule III to the Wealth Tax Act. The Tribunal's failure to apply Rule 14 correctly was noted. The Assessee's computation should have been considered, as Rule 14 provides a clear method for valuing business assets, including a formula for proportionate liability when the specific debt amount is indeterminable.

4. Application of Section 7 read with Schedule III, Rule 14:
Section 7(1) of the Wealth Tax Act specifies that the value of any asset, other than cash, should be determined as per Schedule III. Part D of Schedule III, specifically Rule 14, outlines how the net value of business assets should be calculated. The Tribunal's application of Section 7 read with Schedule III, Rule 14, was incorrect, as it did not properly account for the proportionate liability principle. The Assessee’s banking activities were recognized as industrial activity, and thus, vacant land held for industrial purposes should be excluded from the definition of 'Urban Land' for two years from the date of acquisition.

Conclusion:
The High Court found that the Assessing Officer and the appellate authorities failed to correctly apply the relevant legal provisions, particularly regarding the definition of 'assets' and the application of Rule 14 for proportionate liability. Due to the lapse of more than 15 years and the abolition of the Wealth Tax Act, the Court decided not to remand the matter but to restore the original assessment order under Section 16(1) of the Act. The appeals were allowed, and the original order was reinstated.