2022 (7) TMI 304 - HC - Wealth-tax

Court allows appeals, refers for fresh consideration. Upholds dismissal on Income-tax Act interpretation.

M/s. NOORANI PROPERTIES (P) LTD Versus THE COMMISSIONER OF WEALTH TAX, THE WEALTH TAX OFFICER, M/s. VERDE DEVELOPERS (P) LTD Versus THE COMMISSIONER OF WEALTH TAX, THE WEALTH TAX OFFICER And M/s. TRIAD RESORTS AND HOTELS (P) LTD Versus THE COMMISSIONER OF WEALTH TAX, THE WEALTH TAX OFFICER

The court allowed the appeals, set aside the ITAT orders, and referred the matters back for fresh consideration by a different bench, emphasizing the need ... Wealth tax Assessment - assets' under section 2(ea) of the Wealth Tax Act - interpretation of section 2(47)(v) of the Income-tax Act - whether Tribunal was correct in law in holding perversely that the appellant continued to be the owner of urban land under section 2(ea) of the Wealth Tax Act, 1957 despite the fact that the appellate (after transferring the land to the developer through JDA dated 05-12-2000) retained only the right to receive 15.3% of the total built up area, which does not fall within the exhaustive definition of 'assets' under section 2(ea) of the Wealth Tax Act, 1957? - HELD THAT:- A combined reading of Clause 10.1(g), Clause 13.1, 13.2 and Clause A(viii) of the Annexure-A together with the 'No Objection' under Chapter XX-C of the IT Act and the letter written by Shri. Dhingra prima facie demonstrates that the Developers did have power to alienate their portion of the property; and they had entered into the property. It is a different matter if the project did not progress further. A mere failure of the project does not undo the acts of the parties. Therefore, in our view, the impugned order passed by the ITAT is not sustainable and in the facts and circumstances of this case, it is just and appropriate for the ITAT to have a re- look into the matter in the light of the contents of MDA, NOC issued under Chapter XX-C and the letter written by Shri. Dhingra. Appeals are allowed. Issues:1. Interpretation of ownership of urban land under the Wealth Tax Act, 1957.2. Application of binding decisions on interpretation of relevant sections of the Income-tax Act, 1961.3. Determination of transfer of urban land despite possession by the developer.4. Consideration of entries in books of account in determining the nature of an asset under the Wealth Tax Act, 1957.Analysis:Issue 1:The appellants challenged the order of the ITAT regarding the ownership of urban land under the Wealth Tax Act, 1957. The appellants argued that despite transferring the land to the developer through a Joint Development Agreement (JDA), they retained only the right to receive a percentage of the built-up area, which, according to them, did not constitute an asset under the Act. The court analyzed the agreements and transactions between the parties, including the Master Development Agreement (MDA), and concluded that the appellants continued to be the owners of the land, making them liable for wealth tax assessment.Issue 2:The second issue involved the ITAT's alleged disregard of binding decisions related to the interpretation of sections of the Income-tax Act, 1961. The appellants contended that the ITAT incorrectly applied certain ratios in its decision. The court examined the relevant legal precedents cited by both parties and found that the ITAT's decision was in line with established interpretations, thus upholding the dismissal of the appeals.Issue 3:Regarding the determination of the transfer of urban land, the court scrutinized the possession of the properties by the developer under the JDA. The appellants argued that possession had been transferred to the developer, relieving them of wealth tax liability. However, the court analyzed the agreements, including the MDA and the actions of the parties, and concluded that possession had not been effectively transferred, thereby upholding the tax assessment.Issue 4:The final issue pertained to the consideration of entries in the appellants' books of account in determining the nature of the asset for wealth tax purposes. The court reviewed the relevant provisions of the Wealth Tax Act, 1957 and the arguments presented by both parties. It was established that the entries in the books of account did not alter the ownership status of the land as per the Act, leading to the dismissal of the appeals by the ITAT.In conclusion, the court allowed the appeals, set aside the ITAT orders, and referred the matters back to the ITAT for fresh consideration. The court directed a different bench to hear the appeals, emphasizing the need for a reevaluation of the case in light of the judgment's observations.