2023 (7) TMI 819 - AT - Wealth-tax

Tribunal allows part of assessee's appeal, upholds CIT(A)'s decision on assets, shareholding. Further adjudication directed.

Jyoti H. Mehta Versus Dy. Commissioner of Wealth Tax, Central Circle–23, (Now Dy. Commissioner of Income Tax, Central Circle–4 (1), Mumbai And Vice-Versa

Jyoti H. Mehta Versus Dy. Commissioner of Wealth Tax, Central Circle–23, (Now Dy. Commissioner of Income Tax, Central Circle–4 (1), Mumbai And Vice-Versa ... Issues Involved:1. Delay in filing the appeal by Revenue.2. Addition on account of appreciation in the value of assets.3. Addition on account of appreciation in the value of shareholding.4. Addition on account of appreciation in the value of jewellery.5. Addition on account of the value of stock exchange membership card.6. Deduction on account of personal expenses.7. Deduction on account of Income Tax and Wealth Tax liability.8. Deduction on account of various liabilities incurred in relation to the assets.9. Levy of interest under section 17B of the Act.10. Levy of interest under section 31 of the Act.Summary:1. Delay in filing the appeal by Revenue:The Tribunal condoned the slight delay of 2 days in filing the appeal by the Revenue in the interest of justice.2. Addition on account of appreciation in the value of assets:The Tribunal upheld the CIT(A)'s decision, which directed the Wealth Tax Officer (WTO) to adopt the revised figure of income of Rs.32,54,186 for computation of taxable wealth, based on the Tribunal's previous order.3. Addition on account of appreciation in the value of shareholding:The Tribunal restored the issue to the file of the WTO for de novo adjudication, directing the WTO to delete the addition on account of appreciation in the value of shares to the extent the figures of purchase and sale were unsubstantiated.4. Addition on account of appreciation in the value of jewellery:The assessee did not press this ground due to the smallness of the amount, and it was dismissed as not pressed.5. Addition on account of the value of stock exchange membership card:The Tribunal deleted the addition on account of the value of the stock exchange membership card, following the decision in DCIT v/s Ashwin C. Shah, where it was held that the stock exchange card does not constitute an asset within the meaning of section 2(e) of the Act.6. Deduction on account of personal expenses:This issue was deemed consequential to the issues arising in grounds no.1-3, and the Tribunal allowed it for statistical purposes.7. Deduction on account of Income Tax and Wealth Tax liability:These issues were deemed consequential in nature, and the Tribunal allowed them for statistical purposes.8. Deduction on account of various liabilities incurred in relation to the assets:The Tribunal set aside the impugned order and restored the issue to the file of the WTO for de novo adjudication after necessary verification.9. Levy of interest under section 17B of the Act:The Tribunal set aside the impugned order and directed the AO to levy interest under section 17B in accordance with the provisions of the Act.10. Levy of interest under section 31 of the Act:The Tribunal upheld the CIT(A)'s decision, which followed the jurisdictional High Court's decision in CIT v/s Chika Overseas Pvt. Ltd., holding that interest under section 31 is not chargeable from the date of the original assessment.Conclusion:The appeal by the assessee was partly allowed for statistical purposes, while the appeal by the Revenue was dismissed.