1982 (7) TMI 120 - AT - Wealth-tax

WTO Tribunal Orders Recomputation of Share Value, Emphasizes Proper Valuation Methods

SAMEER S. SOMAIYA. Versus WEALTH TAX OFFICER.

The Tribunal directed the WTO to recompute the asset value of shares based on correct facts and law, noting inconsistencies in the treatment of deposits ... - Issues: Valuation of shares, treatment of non-refundable deposits, application of Rule 1D, inconsistency in valuation methods, powers of enhancement by Tribunal.Valuation of Shares:The assessee valued shares of a company using the break-up method, considering non-declaration of dividends for six years. The WTO revalued the shares, not accepting the refundable nature of deposits from shareholders. The CWT (Appeals) upheld this revaluation, treating the non-refundable deposit as an asset. The assessee argued for acceptance of the original valuation, emphasizing the refundable nature of the deposit. The Tribunal noted inconsistencies in the treatment of deposits and valuation methods by the authorities and directed the WTO to recompute the asset value based on correct facts and law.Treatment of Non-Refundable Deposits:The dispute revolved around the nature of deposits made by shareholders to the company. The WTO and CWT (Appeals) treated a deposit as non-refundable, enhancing the company's assets and share value. However, in the individual's wealth assessment, the same deposit was considered refundable, leading to a double addition. The Tribunal criticized this inconsistent approach and highlighted the need for proper valuation based on the actual nature of the deposits.Application of Rule 1D and Inconsistency in Valuation Methods:The Tribunal found that Rule 1D was inapplicable to the valuation of shares in an investment company. Both the assessee and the authorities had adopted inconsistent views on the nature of deposits, leading to flawed valuation methods. The Tribunal emphasized the incorrectness of sticking to Rule 1D in this case and pointed out the need for a proper assessment of the company's assets and the nature of deposits.Powers of Enhancement by Tribunal:The Tribunal clarified its authority to enhance the net wealth of the assessee if the re-computation results in an increase. It stressed the importance of providing the assessee with an opportunity to present their case before any enhancement is made. The Tribunal directed the WTO to issue a notice if the re-computed value exceeds the original assessment, ensuring the principles of natural justice are followed. The Tribunal allowed the appeal for statistical purposes, indicating a need for a thorough re-computation of the asset value.