1996 (11) TMI 99 - AT - Wealth-tax

Tribunal adjusts motor car value for wealth assessment: Market value set at 80% of insurance value.

Samrath Knitters Private Limited. Versus Deputy Commissioner Of Wealth-Tax.

The Tribunal partially allowed the appeal, directing the market value of the motor cars to be estimated at 80% of the insurance value for computing the ... Assessment Year, Business Assets, Market Value, Written Down Value Issues:Estimation of value of motor cars for computing net wealth.Analysis:The appeal concerns the estimation of the value of motor cars for computing the net wealth of the assessee for the assessment year 1991-92. The assessee declared the value of the motor cars based on their written down values as per the balance sheet, while the Assessing Officer adopted the insurance value for this purpose. The Commissioner of Wealth-tax (Appeals) upheld the Assessing Officer's decision, stating that the written down value under the Income-tax Act does not necessarily reflect the market value of the cars. The assessee argued that the value should be based on the written down value as per sub-rule (2) of rule 14 of Schedule III, which applies when depreciation is admissible on the asset. The departmental representative contended that the insurance value represents the market value and, if it exceeds the written down value by more than 20%, the higher value should be considered. The Tribunal analyzed Rule 14 of Schedule III, which pertains to the valuation of business assets as a whole, and concluded that it does not directly apply to the valuation of individual assets like motor cars.The Tribunal further noted that while sub-rule (2)(a) of rule 14 provides for the written down value of depreciable assets, sub-rule (2)(b) allows for a higher value to be considered if it exceeds the value arrived at under sub-rule (2)(a) by more than 20%. The Tribunal opined that the written down value alone cannot be adopted as the value of the asset, as clause (b) provides for considering a higher value when applicable. The Tribunal emphasized that rule 20 should be used for valuation in the absence of specific rules for certain assets. The Tribunal clarified that the insurance value, which accounts for market trends, can be a basis for determining the market value of the motor cars, albeit at a reduced percentage. Consequently, the Tribunal partially allowed the appeal, directing the market value of the motor cars to be estimated at 80% of the insurance value.