1987 (2) TMI 111 - AT - Wealth-tax

Assets not included in wealth for tax until probate obtained. Executrix status until debts settled.

The Tribunal upheld the decision that the assets left by the parents of the assessee should not be included in her wealth for wealth-tax purposes until ... Deemed Wealth, Executors Issues:1. Whether the assets left by the mother and father of the assessee should be included in the wealth of the assessee for wealth-tax purposes.2. Interpretation of sections 19 and 19A of the Wealth-tax Act, 1957 regarding the assessment of the net wealth of a deceased person in the hands of the executor or executors.3. Determining the status of the assessee as an executrix and the implications on her ownership of the assets left by her parents.Detailed Analysis:1. The main issue in this case revolved around whether the assets left by the mother and father of the assessee should be included in the wealth of the assessee for wealth-tax purposes. The Wealth-tax Officer had included the wealth left by the parents in the assessment of the assessee. However, the Appellate Assistant Commissioner held that the assets should not be included in the hands of the assessee as she only became the legal owner of the assets upon obtaining probate on a later date. The Appellate Tribunal upheld this decision, emphasizing that until the wills were authenticated through probate, the assets could not be considered part of the assessee's wealth.2. The interpretation of sections 19 and 19A of the Wealth-tax Act, 1957 played a crucial role in the judgment. Section 19A specifies that the net wealth of a deceased person's estate shall be chargeable to tax in the hands of the executor or executors. It further outlines the separate assessments to be made in respect of the net wealth from the date of death to the date of complete distribution to the beneficiaries. The Tribunal applied this section to determine that until probate was granted and the assets were distributed as per the wills, the assessee's status remained that of an executrix and not the absolute owner of the assets.3. The judgment delved into the status of the assessee as an executrix and the implications on her ownership of the assets left by her parents. The wills of the parents appointed the assessee as the sole executrix, outlining the distribution of assets and the eventual ownership by the assessee. However, the Tribunal emphasized that the assessee's status as an executrix continued until probate was obtained and the debts and dues specified in the wills were settled. The Tribunal referred to the Indian Succession Act, 1925 to highlight the importance of probate in establishing the authenticity of the wills and the rights of the legatee.In conclusion, the Tribunal upheld the decision of the Appellate Assistant Commissioner, ruling that the assets left by the parents of the assessee should not be included in the wealth of the assessee until probate was obtained and the distribution of assets as per the wills was completed. The judgment emphasized the significance of probate in determining ownership and the status of an executrix in such cases.