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TMI Blog1982 (6) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the provisions of clauses (viii) and (xiii) of section 5(1), it was clear that items of jewellery were not included in the list of articles exempted under clause (xii). It was urged that in the absence of any specific provision prohibiting the exemption of jewellery from a charge to wealth-tax under clause (xii), the assessee was entitled to exemption in respect of jewellery which were definitely works of art. It was submitted that every item of jewellery could be considered to be work of art in view of the fact that professional skill and workmanship had to be employed in producing any piece of jewellery. It was, therefore, claimed that the exemption claimed by the assessee under clause (xii) in respect of jewellery should be given. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... function of the court to decide on the evidence in the particular case whether the work is a work of artistic craftsmanship...." II. Jowitt's Dictionary of English Law, volume I (second edition), 1977: "Copyright in works of art now depends on the Copyright Act, 1956, section 3, which makes the term of protection, the life of the author and fifty years after his death. By section 3(1) 'artistic work' includes (a) paintings, sculptures, drawings, engravings and photographs, (b) works of architecture, being either buildings or models for buildings, (c) works of artistic craftsmanship not falling within either of the preceding paragraphs." He also invited our attention to the provisions of clauses (viii) and (xii), wherein exemption under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be payable by an assessee on certain assets as specified in clauses (i) to (xxxi). As per Explanation I to clause (viii), ornaments made of gold, silver, platinum or any other precious metal are not entitled to exemption while computing the net wealth of an assessee. Therefore, it has to be presumed that the Legislature has made it clear that ornaments made of gold or any other precious metals are not eligible for exemption under section 5(1). There is no dispute about the fact that the jewellery belonging to the assessee consisted of ornaments made of gold and or precious metals. Hence in view of clear provisions of Explanation 1 to clause (viii), it has to be held that the gold ornaments cannot be said to be eligible for exemption eve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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