9911796707
TMI Blog1995 (5) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... heard the Id. Departmental Representative on his request for condonation of delay. We felt satisfied that the delay was caused due to official procedure which, in our opinion, makes sufficient cause for the present appeals. The delay caused in filing the appeals was, therefore, condoned. 3. Heard the learned Departmental Representative. 4. The dispute common to all the four appeals is with regard to assessee's claim for exemption under section 5(1)(xxii) of WT Act, 1957 (Since omitted by Finance Act, 1992 w.e.f. 1-4-1993) in respect of the books belonging to him as on the relevant valuation dates. The assessee-respondent is a practising lawyer at the High Court at Jodhpur. He returned his net wealth at Rs. 6,24,700, Rs. 6,38,100, Rs. 9, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and instruments is governed by section 5(1)(x), as it stood at the relevant time, and not by section 5(1)(xii). We, however, find no force in this argument. 6. The relevant provisions of section 5 of the Act ran as under at the relevant time : " 5. (1) Subject to the provisions of sub-section (1A), wealth-tax shall not be payable by an assessee in respect of the following assets, and such assets shall not be included in the net wealth of the assessee---- (x) the tools and instruments necessary to enable the assessee to carry on his profession or vocation, subject to a maximum of fifty thousand rupees in value ; (xii) any works of art, archaeological, scientific or art collections, books or manuscripts belonging to the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns " Tools " and " Instruments " occurring in the language of section 5(1)(x) thus imply kind of some mechanical implements which are worked upon something or means employed for manual operation. That is not the position of the books with a lawyer. Law books are no doubt necessary for a lawyer to carry on his profession successfully. But the law books are neither any sort of mechanical implements which are worked upon some other thing or means which is employed for manual operation. The books of a lawyer, therefore do not fall within the purview of the expressions " tools " and " instruments " used in the language of section 5(1)(x) of the Act. 9. Clause (xii) of section 5(1) clearly refers to the word " book ". A plain reading of that cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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