9911796707
TMI Blog1988 (9) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 20,000 only within the meaning of section 5(1) (x) of the same Act?" The assessee, a leading senior advocate, then also the Advocate-General of the State of Uttar Pradesh, owned law books of the value of Rs. 28,944 for use in his profession. In his wealth-tax return for the assessment year in question, namely, 1972-73, he claimed that the value of such books was totally exempt from wealth-tax under clause (xii) of section 5(1) of the Wealth-tax Act, 1957. The Wealth-tax Officer, however, allowed him exemption to the extent of Rs. 20,000 only, treating the assets comprising such books as covered by clause (x) under which there was then a ceiling of exemption amounting to Rs. 20,000 only. In the opinion of the Wealth-tax Officer, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erved that even if it be assumed that the books used by a lawyer are covered by both the clauses, namely, (x) and (xii), clause (xii) being more favourable to the assessee, must be adopted on the settled rules of interpretation of fiscal statutes. The appeal of the assessee was accordingly allowed and consequential reliefs were granted to him so far as the value of the books was concerned. Thereafter, at the instance of the Revenue, the question quoted above has been referred for our opinion. For the decision of the question referred for our opinion, it will be convenient, to have the relevant provisions of section 5(1) of the Wealth-tax Act before us : "5. (1) Subject to the provisions of sub-section (1A), wealth-tax shall not be pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. The lawmakers did not intend to place any restrictions as to the subjects of study for which the assessee may acquire the books without being subjected to wealth-tax. The only limitations placed are : (1) the books or manuscripts must be owned by him, and (2) they are not intended for sale. The Legislature, it is apparent, had no intention of imposing wealth-tax on assets comprising books or manuscripts acquired by the assessee solely for enrichment of his intellect or knowledge or improvement of his apprehension and perception even if the purpose of study is to equip himself for the profession or vocation he might be engaged in. The reason behind exempting the entire value of books or manuscripts acquired solely for studies and not for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... called a class or kind of objects." To the same effect is the statement one finds in Words and Phrases (Permanent Edition), Volume 14, page 217. It reads : "The office of the rule of 'ejusdem generis' is to afford aid to the court in construing statutes, and the rule cannot be employed to restrict operation thereof within narrower limits than was intended by lawmakers. (Sherfey v. City of Brazil, 13 NE 2d 568,570,213 Ind. 493)." The next thing to be borne in mind is that this rule is subject to more fundamental principle, namely, that the words used in a statute which are of general import should receive their full and unrestricted meaning unless there are indications intrinsic in the statute to the contrary. Again, it should not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hird part, namely, books and manuscripts owned by the assessee and not intended for sale, the Legislature refused to restrict its scope to any particular subject or subjects. The only limitation placed by the Legislature in regard to the assets comprising books and manuscripts are (i) that the books must be owned by the assessee, and (ii) that they should not be intended for sale. "Books and manuscripts" are undoubtedly words of wide and unqualified amplitude. They must, therefore, receive their full and unrestricted meaning and we see no ground whatever as to why the words "books and manuscripts" must be read down so as to be confined only to the subjects dealt with earlier. Neither the language of the statute nor the scheme of the enactme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mind, in their ordinary sense, these words refer only to mechanical or manual means of an operation for working upon something in contradistinction to intellectual means. Thus, the Shorter Oxford English Dictionary gives the primary meaning of the words "tool" as "any instrument of manual operation ; mechanical implement for working upon something as by cutting, striking, rubbing, or other process, in any manual art or industry ; usu., one held in and operated directly by the hand, but including also certain simple machines, as the lathe." The figurative meaning of the same word has been given as "anything used in the manner of a tool" ; "a person who is or allows himself to be, made a mere instrument by another". Likewise, "instrument" ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
