Cwt Vs. Pradeep D. Kothari - Court Judgment

Excerpt:
counsels: c. v. rajan, for the revenue r, janakiraman, for the assessee head note: income tax wealth tax valuation--buildingbuilding let out to tenants but lifts and electrical installation not owned by assessee catch note: assessee let out building owned by him, however, lifts and electrical installations without which building could not be put to commercial use were not owned by assessee--the revenue adopted rental method for valuation of building--on appeal, tribunal valued building on average of values determined by rental method and aggregate of cost of value method--justified--on facts of case adopting average of values determined by rental method and aggregate of the cost of construction and value of land though a rough method, is in the circumstances an acceptable way of determining assessable value, as such average value is less by about twenty per cent when compared to the value determined by the rental method. ratio: on facts of case adopting average of values determined by rental method and aggregate of cost of construction and value of land though a rough method, is in circumstances an acceptable way of determining assessable value, as such average value is less by about twenty per cent when compared to value determined by rental method. held: part of the rental value being attributable to the availability of the lifts and the electrical installations, the same has to be excluded while determining the assessable value of the building by the rental method, as the lifts and electrical installations are not owned by the assessee. adopting average of values determined by rental method and aggregate of the cost of construction and value of land though a rough method, is in the circumstances an acceptable way of determining the assessable value, as such average value is less by about twenty per cent when compared to the value determined by the rental method. the contribution of the lifts and the electrical installations to the rental value can be taken roughly at twenty per cent of the rental value. application: also to current assessment year. decision: in favour of assessee. wealth tax act 1957 s.7 in the madras high court r. jayasimha babu & k. gnanaprakasam, jj. - r. jayasimha babu, j.the building owned by the assessee had been let out during the assessment year 1972-73. however, all that was necessary for the letting out was not owned by the assessee, inasmuch as the lifts and the electrical installations without which the building could not be put to commercial use were not owned by the assessee. the tribunal, therefore, accepted the plea of the assessee that the rental method by itself would not be the appropriate method to be adopted for valuing the building for purpose of wealth-tax, but that method was required to be used along with the cost of construction and the value of the land. the cost of construction and the value of the land together was taken at rs. 25,82,540 and the amount if the rental method is adopted was arrived at rs. 45,65,088. the average of the two being rs. 35,70,814 was held to be the value of the building by the tribunal.2. the method so adopted by the tribunal to assess the value of the building known as kothari building at nungambakkam high road, owned by kothari and sons for the assessment year 1972-73 under the wealth tax act cannot be said to be arbitrary or as being contrary to law as the rental value of the building represents the aggregate rental value of office space therein, which is subject to that space being conveniently accessible and the space being usable with the aid of power. part of the rental value being attributable to the availability of the lifts and the electrical installations, the same has to be excluded while determining the assessable value of the building by the rental method, as the lifts and electrical installations are not owned by the assessee. adopting the average of the values determined by the rental method and the aggregate of the cost of construction and the value of land though a rough method, is in the circumstances an acceptable way of determining the assessable value, as such average value is less by about twenty per cent when compared to the value determined by the rental method. the contribution of the lifts and the electrical installations to the rental value can be taken roughly at twenty per cent of the rental value.the question as to whether the method adopted by the tribunal was in the circumstances, the proper method, is answered in favour of the assessee and against the revenue.