2018 (3) TMI 488 - HC - Wealth-tax

Addition to net wealth - cash seized from the Assessee and kept in PD account of the Commissioner of Income Tax cannot be considered as cash-in-hand in the hands of the Assessee for computation of his net wealth under Wealth Tax Act, 1957 - Held that - Once it has held that amount deposited in a Bank in PD Account of the Commissioner of Income Tax, is not cash in hand, but cash in bank, then it cannot be added to the net wealth of the Respondent. Therefore, in view of the Apex Court s decision in KCC Software Ltd. (2008 (1) TMI 12 - Supreme Court of India) the view taken by the Tribunal in the impugned order does not give rise to any substantial question of law.

Summary

Issues involved:
1. Interpretation of the Wealth Tax Act, 1957 regarding the treatment of cash seized and deposited in a Personal Deposit Account (PD Account) by the Commissioner of Income Tax.

Analysis:
The primary issue in this case is whether cash seized during search proceedings and deposited in a PD Account should be considered as cash in hand or cash in bank for the purpose of valuation under the Wealth Tax Act, 1957. The Tribunal's order, which is being challenged, held that the cash seized and deposited in the PD Account for tax liability adjustment should not be considered as cash in hand for wealth tax valuation purposes. The Respondent-Assessee relied on the decision in the case of Mrs. Sarita Kaur Chopra v/s. WTO, where it was established that cash in hand is distinct from the balance in the bank, even when deposited in a PD Account. The Respondent's counsel referred to the Apex Court's judgment in KCC Software Ltd., emphasizing that the cash in bank is conceptually different from cash in hand, as per the Search and Seizure manual of the Revenue. The Apex Court's ruling clarified the legal relationship between a banker and a customer, highlighting that money deposited in a bank becomes the banker's money, establishing a debtor-creditor relationship. This legal principle reinforces the distinction between cash in hand and cash in bank, supporting the Respondent's argument.

Moreover, the Revenue's counsel acknowledged that if the amount deposited in the PD Account is considered cash in bank and not cash in hand, it cannot be added to the net wealth of the Respondent. Consequently, the Tribunal's decision aligns with the legal interpretation provided by the Apex Court in KCC Software Ltd., indicating that there is no substantial question of law arising from the impugned order. Therefore, the Appeal was dismissed based on the established legal principles and precedents, with no order as to costs. The judgment highlights the importance of distinguishing between cash in hand and cash in bank for wealth tax valuation purposes, emphasizing the legal implications of funds deposited in a PD Account by the Commissioner of Income Tax.