2005 (8) TMI 306 - AT - Wealth-tax

Company's Land in Banjara Hills Subject to Wealth Tax

Assistant Commissioner Of Wealth-tax, Circle-1(4). Versus Hyderabad Industries Ltd.

Assistant Commissioner Of Wealth-tax, Circle-1(4). Versus Hyderabad Industries Ltd. - ITD 098, 357, TTJ 101, 486, Issues Involved:1. Assessability of vacant land at Banjara Hills, Hyderabad, to wealth-tax in the hands of the assessee-company.2. Ownership and transfer of property to Asbestos Centre.3. Applicability of Urban Land Ceiling Act (ULCA) provisions.4. Classification of the property as a 'productive asset.'5. Legal title and adverse possession under the Limitation Act.6. Compliance with procedural requirements under ULCA.Detailed Analysis:1. Assessability of Vacant Land to Wealth-Tax:The core issue is whether the vacant land at Banjara Hills, Hyderabad, is assessable to wealth-tax in the hands of the assessee-company. The land was not used for specific purposes mentioned in section 2(ea) of the Wealth-tax Act, and thus, it does not fall under any exceptions provided in clauses 1 to 5 of section 2(ea)(i). Therefore, the land is considered an asset under section 2(ea) and is assessable to wealth-tax.2. Ownership and Transfer to Asbestos Centre:The assessee-company contended that the property was transferred to Asbestos Centre through an irrevocable power of attorney for welfare activities, thus falling outside the definition of 'asset' under section 2(ea). However, the Tribunal noted that the legal title remained with the assessee-company, and the Asbestos Centre had limited rights to enjoy the property without the right to dispose of it. The Tribunal applied the Supreme Court's decision in Nawab Sir Mir Osman Ali Khan v. CWT, emphasizing that the legal title is crucial, and the property legally 'belongs' to the assessee.3. Applicability of ULCA Provisions:The CIT(A) had observed that the property was determined as excess land under the ULCA, and thus, it vested with the Government, ceasing the assessee's title. However, the Tribunal noted that the proceedings under ULCA had not reached the stage of publication of notification under section 10(3), which is mandatory for the land to vest with the Government. Consequently, the property continued to belong to the assessee.4. Classification as a 'Productive Asset':The assessee argued that the property was used for employee welfare and should be treated as a 'productive asset.' The Tribunal rejected this argument, stating that the land did not meet the criteria for exceptions under section 2(ea). The property was not used for industrial purposes, and a significant portion remained vacant. The Tribunal emphasized that the legislative intent was to tax urban vacant land unless it met specific exceptions, which the property did not.5. Legal Title and Adverse Possession:The assessee claimed that the property was under adverse possession of Asbestos Centre for over 12 years, and thus, the company had no valid title. The Tribunal dismissed this claim, stating that adverse possession requires a specific overt act of asserting ownership against the true owner, which was not demonstrated. The legal title remained with the assessee.6. Compliance with Procedural Requirements under ULCA:The Tribunal highlighted that the proceedings under ULCA had not reached the stage of section 10(3) notification, and thus, the land had not vested with the Government. The assessee continued to be the owner, and the property was assessable to wealth-tax. The Tribunal also noted that the restrictions under ULCA did not constitute a statutory prohibition on construction, and the land did not fall under the exceptions provided in Explanation (b) to section 2(ea).Conclusion:The Tribunal set aside the orders passed by the CIT(A) and allowed the appeals filed by the revenue. The vacant land at Banjara Hills, Hyderabad, was assessable to wealth-tax in the hands of the assessee-company, as the legal title remained with the company, and the property did not meet the exceptions under section 2(ea) of the Wealth-tax Act.