1981 (1) TMI 139 - AT - Wealth-tax

WTO Tribunal sets fair market value for Wealth Tax purposes, favors assessee over authorities

The Tribunal directed the WTO to adopt a fair market value of Rs. 98,200 for each year under appeal for the property located at 5, Sri Ram Road, Delhi, ... - Issues:Valuation of property for Wealth Tax purposes.Detailed Analysis:1. Valuation of Property:The appeals involved a common point concerning the valuation of property for Wealth Tax purposes for the assessment years 1974-75 to 1977-78. The property in question, located at 5, Sri Ram Road, Delhi, was wholly let out to tenants and subject to the Delhi Rent Control Act, 1958. The assessee declared the property's value at Rs. 63,000 for each year, supported by an approved valuer's report. The net annual letting value was determined at Rs. 2,023, and the market value was calculated using the rent capitalization method, resulting in a total market value of Rs. 65,000.2. Determination of Market Value:The WTO referred the case to the Asstt. Valuation Officer, who determined the market value of the property for various years at different amounts. The WTO estimated the property's value for the relevant assessment years based on an upward trend in land value and construction costs, resulting in values of Rs. 1,15,000 to Rs. 1,50,000.3. Appeal to AAC and Tribunal:The assessee appealed to the AAC of Income-tax, who sustained the value for certain years but reduced it for one year. The assessee further appealed to the Tribunal, arguing against the additions made by the authorities based on reversionary value and unutilized land value.4. Tribunal's Decision:The Tribunal considered the arguments presented by both parties. The assessee contended that the property's value should be determined using the rent capitalization method, excluding reversionary value and unutilized land value. Relying on various High Court decisions, the Tribunal agreed with the assessee's approach. It emphasized that the property being wholly let out and subject to the Rent Control Act, the value should be determined based on the rental value method, resulting in a value below the one accepted by the assessee.5. Conclusion:Considering all facts and circumstances, the Tribunal directed the WTO to adopt the fair market value of Rs. 98,200 for each of the years under appeal. As a result, the appeals were allowed in favor of the assessee.