1983 (7) TMI 82 - AT - Wealth-tax

Appellate Tribunal rules deposit for cooperative society plot not taxable under Wealth-tax Act

The Appellate Tribunal ruled in favor of the assessee in a wealth tax assessment case for the assessment year 1979-80. The Tribunal held that the deposit ... Co-operative Housing Society, Co-operative Society, His Net Wealth Issues:1. Valuation of plot of land for wealth tax assessment.2. Interpretation of provisions under Wealth-tax Act, 1957.3. Transferable right of the assessee in the plot of land.Detailed Analysis:Issue 1: Valuation of plot of land for wealth tax assessmentThe case involved the valuation of a plot of land for wealth tax assessment for the assessment year 1979-80. The assessee, a member of a cooperative society, was allotted a plot of land and had paid an initial installment of Rs. 8,000. The Wealth Tax Officer (WTO) estimated the value of the plot at Rs. 35,700, which was included in the net wealth of the assessee. The Appellate Tribunal held that the authorities erred in taxing the amount as the deposit made by the assessee was not covered under the exemption provided in section 5(1)(xxx) of the Wealth-tax Act, 1957. The Tribunal concluded that the plot of land was not a building or part thereof, and therefore, the deposit made by the assessee could not be exempted under the said provision.Issue 2: Interpretation of provisions under Wealth-tax Act, 1957The Tribunal analyzed the provisions of section 4(7) of the Act, which deems the assessee to be the owner of a building or part thereof allotted under a house building scheme of a cooperative society. However, the Tribunal noted that this provision could not apply to the case at hand as the plot of land was not considered a building or part thereof. Additionally, the Tribunal interpreted the definition of net wealth under section 2(m) of the Act, emphasizing that the ownership of the plot was not a determining factor for including its value in the net wealth of the assessee. The Tribunal highlighted that the right of the assessee was limited to purchasing the plot and did not constitute ownership until certain conditions were met.Issue 3: Transferable right of the assessee in the plot of landThe Tribunal considered whether the right, title, and interest of the assessee in the plot of land were transferable and marketable. The assessee argued that without the completion of necessary formalities, such as a registered deed and full payment, the right could not be considered transferable. The Tribunal agreed with the assessee, stating that the value of the right could not be determined and included in the net wealth of the assessee based on the limited rights held by the assessee. The Tribunal ultimately allowed the appeal in part, deleting the additional amount added by the WTO and emphasizing that only the initial deposit made by the assessee was taxable.In conclusion, the Appellate Tribunal's judgment focused on the valuation of the plot of land for wealth tax assessment, the interpretation of relevant provisions under the Wealth-tax Act, 1957, and the transferable right of the assessee in the plot of land, ultimately ruling in favor of the assessee and partially allowing the appeal.