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TMI Blog1992 (7) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... itary ground taken in this appeal projects the following grievance : " On the facts and in the circumstances of the case and in law the learned CWT(A) erred in holding that value of operational vehicles like jeeps should not be included in net wealth as these cannot be termed as motor cars. " 3. Shri Keshav Prasad, ld. Departmental Representative appeared before us and placed his reliance on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 40 of the Finance Act, 1985, being a charging section, ought to be construed strictly. The meaning of the term 'motor car' cannot be stretched so as to include within its ambit, " jeeps " also. A " jeeps " cannot be classified as a " motor car ". To support this contention, Smt. Vissanji, placed her reliance on the decision of the Tribunal, Delhi Bench in Kudos International v. IAC Taxmann's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'jeeps' in the assets, chargeable to wealth-tax, the same would have been expressly included. 6. We have heard the rival submissions in the light of material placed before us and precedents relied upon. The assessee carries on dairy business. On the relevant valuation date, it owned two jeeps. Section 40 of the Finance Act, 1985, deems to charge to wealth-tax, assets specified in sub-section (3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 as under : " A petrol-driven tractor was a motor car within the meaning of Art. II(3) of the Motor Cars (Use and Construction) Order, 1904 : See Dennis v. Leonard, 141 LT 944. " Vide entry 10 on page 1713, 'motor car' is defined as a 'mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers. . . etc. The Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X
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