1995 (11) TMI 28 - HC - Wealth-tax

Tribunal denies deduction for 'ghost debts' in net wealth assessment

The Tribunal upheld the assessing authority's decision to include certain sums labeled as 'Reserves' in the net wealth of the assessee. It found that the ... Debt Owed, Value Of Interest Of Partner In Firm Issues Involved:1. Classification of certain sums as 'Reserves' and their inclusion in the net wealth of the assessee.2. Denial of deduction of certain sums as 'debt owed' by the firm while computing assessable wealth.Detailed Analysis:Issue 1: Classification of Sums as 'Reserves'The first question addressed was whether the Tribunal erred in labeling a sum of Rs. 73,60,451 (correct amount being Rs. 73,30,736) standing to the accounts of 'Minimum Wages Amanat account', 'Bonus Amanat account', and 'Bidi and Cigar Amanat account' as 'Reserves' of the firm, Kale Khan Mohd. Hanif, and consequently including in the net wealth of the assessee his proportionate entitlement in the said alleged reserves.The Tribunal upheld the assessing authority's decision to include these amounts in the net wealth of the assessee. The Tribunal acknowledged the legal position that liabilities under the Bidi and Cigar Workers Act and the Payment of Bonus Act qualify for deductions. However, it found that the assessee failed to provide evidence to satisfy the Wealth-tax Officer that these liabilities were still in existence on the relevant valuation date. The amounts in question were not paid to the workers and were instead used by the firm in its business. The Tribunal concluded that these amounts were essentially 'ghost debts' created by the assessee and utilized for business purposes. Thus, the Tribunal did not err in treating these sums as 'Reserves' and including them in the net wealth of the assessee.Issue 2: Denial of Deduction as 'Debt Owed'The second question was whether the Tribunal erred in not allowing the proportionate sums standing to the credit of the 'Minimum Wages Amanat account', 'Bonus Amanat account', and 'Bidi and Cigar Amanat account' as 'debt owed' by the firm while computing the assessable wealth of the assessee-partner.The Tribunal found that the assessee failed to produce material evidence to show that these amounts were genuinely owed to any workers. Despite the amounts being recorded in the books of account, no actual payments were made, nor were any steps taken to discharge these liabilities. The funds remained invested in the firm's business and were not separately earmarked. The Tribunal emphasized that simply recording an amount in the books of account does not conclusively establish a debt owed. The authorities under the Wealth-tax Act are entitled to make a factual inquiry to determine the existence of such liabilities. The Tribunal upheld the finding that these were 'ghost debts' and denied the benefit of deduction under section 2(m)(iii) of the Wealth-tax Act.In conclusion, the Tribunal's findings were based on the lack of evidence provided by the assessee to substantiate the existence of the liabilities. The authorities under the Wealth-tax Act were justified in their factual inquiry and subsequent decision to deny the deductions. Both questions were answered in favor of the Revenue and against the assessee, affirming the Tribunal's decision.