1984 (8) TMI 196 - AT - Wealth-tax

Appellate Tribunal Upholds Exemption for Wealth Tax Act Section 5(1)(iv)

The Appellate Tribunal upheld the AAC's orders, allowing exemption under section 5(1)(iv) of the Wealth Tax Act for the relevant assessment years. ... - Issues:1. Claim for exemption under section 5(1)(iv) of the Wealth Tax Act.2. Valuation of jewellery for assessment years 1977-78 to 1980-81.Analysis:1. Claim for exemption under section 5(1)(iv) of the Wealth Tax Act:The assessee, a partner in a firm, claimed exemption under section 5(1)(iv) of the Wealth Tax Act for the value of her interest in certain immovable properties owned by the firm. The Income Tax Officer (ITO) initially denied the exemption for multiple assessment years. However, the Appellate Assistant Commissioner (AAC) directed the Wealth Tax Officer (WTO) to allow the exemption based on a decision of the Patna High Court in a similar case. The Department appealed this decision. The Appellate Tribunal held that the AAC's order was justified as it was based on a binding precedent and did not require interference. Therefore, the exemption under section 5(1)(iv) was allowed for the relevant assessment years.2. Valuation of jewellery for assessment years 1977-78 to 1980-81:Another issue in dispute was the valuation of the assessee's jewellery for the assessment years 1977-78 to 1980-81. The WTO had estimated the value of the jewellery at certain amounts, which the AAC reduced based on approved valuer's reports submitted by the assessee. The Department contended that the AAC should not have considered the new evidence as it was not submitted to the WTO earlier, violating the WT Rules. The Tribunal, after considering the arguments, upheld the AAC's decision. It emphasized that the AAC's order was based on expert valuation reports submitted before him, and neither the WTO nor the AAC could disregard such reports without obtaining another expert opinion. Therefore, the Tribunal dismissed the departmental appeals and the cross objections filed by the assessee, affirming the AAC's decision on the valuation of jewellery.In conclusion, the Appellate Tribunal upheld the AAC's orders regarding the exemption under section 5(1)(iv) of the Wealth Tax Act and the valuation of jewellery for the relevant assessment years, dismissing both the departmental appeals and the cross objections filed by the assessee.