Suitable action may also be taken to concede/withdraw the appeals pending before the Tribunal. - Income Tax - 181/CBDT

INSTRUCTION NO 181/CBDT, Dated: June 11, 1970 Section(s) Referred: 5(1)(iii) ,5(1)(iv) Statute: Wealth Tax Act, 1957 Attention of the Commissioners is invited to the provisions contained in clauses (iii) (iv) of sub-section 5 of the W.T. Act, 1957. Clause (iii) specifically exempts "any one building in the occupation of a Ruler declared by the Central Government as his official residence under para 13 of the Merged States(Taxation Concession) Order, or para 15 of the Part B States (Taxation Concession) order, 1950" whereas clause (iv) exempts "one house or part of a house belonging to the assessee exclusively used by him for residential purposes". It has been brought to the notice of the Board that in a case the Wealth-Tax Officer refused to allow exemption under clause (iv), in addition to the exemption under clause (iii) on the ground that two clauses were mutually exclusive. The correct position is that the provisions of these two clauses are not mutually exclusive. Therefore, if the conditions mentioned in clause (iv) are satisfied, the Ruler, who is an assessee, would be entitled to the exemption given therein, over and above the exemption available to him under clause (iii). 2. These instructions may kindly be brought to the notice of all the officers working in your charge. Suitable action may also be taken to concede/withdraw the appeals pending before the Tribunal, etc.