2005 (8) TMI 733 - HC - Wealth-tax

Club not liable for wealth tax 1980-81, liable 1981-82 to 1983-84 under Section 21AA. Penalties canceled.

CWT Versus Chikymagalur Club

CWT Versus Chikymagalur Club - (2005) 197 CTR Kar 609 Issues Involved:1. Taxability of a club registered under the Karnataka Societies Registration Act, 1960, under the Wealth Tax Act, 1957.2. Applicability of Section 21AA of the Wealth Tax Act, 1957.3. Levy of penalty for belated filing of wealth-tax returns under Section 18(1)(a) of the Wealth Tax Act, 1957.Detailed Analysis:1. Taxability of a Club Registered under the Karnataka Societies Registration Act, 1960, under the Wealth Tax Act, 1957:The core issue was whether the assessee-club, registered under the Karnataka Societies Registration Act, 1960, is liable to wealth tax. The assessee-club had initially filed returns declaring net wealth as 'nil' and claimed it was not liable for wealth tax as an AOP. The Wealth Tax Officer assessed the wealth of the club in the status of an individual and charged wealth tax. The first appellate authority allowed the assessee's appeal for the assessment year 1980-81 but upheld the assessment for 1981-82 to 1983-84, citing Section 21AA of the Wealth Tax Act, effective from 1-4-1981. The Tribunal, however, allowed the assessee's appeal, relying on the Karnataka High Court's decision in CWT v. Bowring Institute, which held that the assessee was not an entity assessable to wealth tax. The High Court ultimately referred to the Supreme Court's decision in CWT v. Ellis Bridge Gymkhana, which clarified that clubs were not assessable to wealth tax for assessment years prior to the insertion of Section 21AA.2. Applicability of Section 21AA of the Wealth Tax Act, 1957:Section 21AA, introduced by the Finance Act, 1981, effective from 1-4-1981, provides that where assets chargeable to wealth tax are held by an AOP and the individual shares of the members are indeterminate or unknown, wealth tax shall be levied on the AOP as an individual. The first appellate authority applied this provision for assessment years 1981-82 to 1983-84, concluding that the assessee-club was liable for wealth tax as the members' shares were indeterminate. The Tribunal's decision was overturned by the High Court, which upheld the application of Section 21AA, confirming that the assessee was exigible to wealth tax for assessment years 1981-82 to 1983-84.3. Levy of Penalty for Belated Filing of Wealth-Tax Returns under Section 18(1)(a) of the Wealth Tax Act, 1957:The assessee-club filed its wealth tax returns belatedly, claiming a bona fide belief that it was not liable for wealth tax based on previous judicial decisions and Tribunal orders. The Wealth Tax Officer imposed penalties for the delayed filing, which were challenged by the assessee. The first appellate authority and the Tribunal accepted the assessee's explanation, finding the delay justified under the bona fide belief. The High Court upheld this view, noting that the explanation provided by the assessee was reasonable and satisfactory. The High Court emphasized that penalty proceedings could only follow the completion of assessment proceedings, and since the assessee was not considered an entity for assessment, it could not be penalized for delayed filing.Conclusion:The High Court ruled that the assessee-club was not liable to wealth tax for the assessment year 1980-81 but was liable for the assessment years 1981-82 to 1983-84 under Section 21AA. The penalties imposed for delayed filing of returns for the years 1981-82 and 1982-83 were cancelled, as the assessee's belief that it was not liable for wealth tax was found to be bona fide and reasonable. The reference proceedings were disposed of accordingly.