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Asstt. Commissioner of Wealth Tax Vs. Smt. Mrunalinidevi Puar of Dhar

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2007)106ITD541Indore

..... section 19a of wealth tax act 1957 pertains to "assessment in the case of executors" which reads as under: 19a ..... considering the scope of section 19a of the wealth-tax act, the explanation to which is in identical terms to the explanation to section 168 of the income-tax act, observed that (page 336) : " it is clear from the express language of this section that it provides for assessment of the assets of a deceased in the hands of the executor or executors. ..... the income tax act and wealth tax act, though operate in different field as the first deals with the income received or accrued throughout the assessment year, the other deals with net wealth as on valuation date, yet however does not make any significant difference to the interpretation of section 19a of wealth tax act as section 168 of the income tax act, in so far as the explanation attached to those provision which are worded in identical ..... that, however, does not make any significant difference to the interpretation of section 19a of the wealth-tax act, 1957, and section 168 of the income-tax act in so far as the explanations attached to those provisions which are couched in identical ..... the order of the assessing officer has pleaded that since late husband of the assessee died without executing any will, therefore, provisions of section 19a of wealth tax act which corresponds with the provisions of section 168 of income tax act was for as explanation contained in this provision is concerned, does not apply in this case. .....

Rani H.R. Laxmi (Estate) (Late) (Through B.K. Singh) Vs. Commissioner ...

Court : Patna

..... in this case the income-tax appellate tribunal, patna bench, patna, has referred the following question of law to this court for its opinion under section 27(1) of the wealth-tax act, 1957 (hereinafter referred to as 'the act') :' whether under the facts and circumstances of the case, the tribunal was right in holding that a penalty under section 18(1)(a) could be imposed on the executor assessed under section 19a of the wealth-tax act, 1957 ?'2. ..... learned counsel appearing on behalf of the assessee submitted that the executor is assessable for payment of wealth-tax in relation to the net wealth of the testator under section 19a of the act and as there is no reference to section 18 in the said section, penalty proceedings under section 18(1)(a) of the act could not have been initiated against the executor. ..... so far as the executor is concerned, he is assessable to wealth-tax in relation to the net wealth of the testator as required under sub-section (1) of section 19a of the act. ..... in both the aforesaid decisions, the court was considering the case of a legal representative which was covered by section 19 of the act as a legal representative of a deceased person is assessable for payment of wealth-tax on the net wealth of the deceased under section 19 of the act. ..... from this, we have no difficulty in coming to the conclusion that an executor is liable to pay wealth-tax in relation to the net wealth of the testator under section 14(1) of the act read with section 19a(1) of the act. .....

Nimishbhai Upendrabhai Patel Vs. Income-tax Officer and

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1982)2ITD225(Ahd.)

..... for the reasons discussed above, the assessment in these years and in respect of these properties shall be made in the hands of the executor under section 19a of the wealth-tax act, 1957. ..... the learned aac agreed with the said finding.for the reasons discussed above, the initiation of proceedings under section 147(a) was bad in law because in the present cases the assessments were to be made in the hands of the executor, under section 168. ..... in respect of the assessment years 1974-75, 1975-76, 1976-77 and 1977-78, the fto had reason to believe that in the case of shri nimish upendrabhai patel, for the years under consideration, income escaped the assessment in his hands. ..... at this stage, we may point out that, in the two decisions in the case of navnitlal sakarlal (supra) referred to above, in the will no executor or administrator was nominated by the testator. ..... in the income-tax matter in the case of navnitlal sakarlal (supra), the hon'ble high court also made it clear that the decision given in the case of navnitlal sakarlal (supra) is not relevant because that decision did not consider the scope of section 19a of the wealth-tax act. .....

Commissioner of Income-tax Vs. Smt. P. Dhanalakshmi and Others

Court : Chennai

Reported in : [1995]215ITR662(Mad)

..... cwt : [1977]107itr326(mad) , wherein, while considering the provisions of section 19a of the wealth-tax act, 1957, which is corresponding to section 168 of the income-tax act, this court held 'that if he had died intestate, the estate would have gone to his heirs, and, therefore, it is in the hands of the heirs that the assessment will have to be made and not in the hands of anybody else. ..... in such a case, section 19a provides for the assessment of the estate of the deceased in the hands of the executor or executors till the administration is completed. ..... at the instance of the department under section 256(1) of the income-tax act, 1961, the tribunal referred to following questions for our opinion : '(1) whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in law in holding that the income of the estate of the deceased person, subsequent to the date of death, ins assessable under the section 168 of the act in the hands of the executor (2) whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that in view of the application of section 168, there is no scope for application of section 26 and that the estate for the purpose of assessment under section 168 is to be considered as a single ..... consequently, section 19a is confined only to a case where an assessee dies after executing a will and appointing an executor or executors. .....

Smt. Salma Irani Vs. Fifth Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)14ITD233(Mum.)

..... section 168 of the 1961 act deals with assessment against an executor receiving income of the estate of the deceased person and the corresponding provision in the wealth-tax act, 1957 ('the 1957 act') for assessment against an executor regarding wealth of the estate of the deceased person is section 19a of the 1957 act ..... it can be seen that both section 168 of the 1961 act and section 19a of the 1957 act provide for a special case of assessment against executors and the language in the two provisions are practically identical. ..... trivedi, the learned counsel for the assessee, contended that the assessments made in this case applying section 168 are not valid and that the income should have been directly assessed in the hands of the heirs in proportion to their share of interest and, in this connection, he greatly depended upon the judgment of the bombay high court in the case of cwt ..... is no analogy between the provisions of the 1961 act and assessments under the 1957 act, owing to basic and fundamental difference between the chargeable events, as pointed out by their lordships of the madras high court in the case of a. & f. ..... of the bombay high court have, in the case of keshub mahindra (supra), explained the width of the extended meaning given to 'executor' in the explanation saying that the term 'executor' or 'administrator' should be construed as including within the term only such persons who are administering the estate in accordance with the directions in the will of the deceased. .....

Puran Chand Laxmi Chand Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1986)16ITD126(Delhi)

..... there the assessment was required to be made on the executor of the will of the deceased in terms of section 19a of the wealth-tax act, 1957 but the assessment was actually made on the legal heir of the deceased. ..... in the case before us the assessment was made in the business name of the deceased but the return was filed by laxmi chand, one of the legal heirs.13. ..... as the gauhati high court put it in the case of jai prakash singh {supra), it would be the legal duty of the tribunal to annul the assessments.18. ..... the commissioner (appeals) has referred to the case of sajjan kumar saraf as supporting the setting aside of the assessment rather than annulling it. ..... the court further noted that in cases where there are several legal representatives, one of them may represent the whole interest of the deceased and in such a case there being complete representation of the interest of the deceased before the ito, the assessment made would bind the estate of the deceased. ..... in its view, where a person dies leaving more than one legal representative, the ito has to serve notices under section 22(2)/34 (as the case may be) on all the legal representatives. ..... cit [1971] 80 itr 360.thus, it is apparent that the basic factual difference between sajjan kumar saraf and the instant case is that in the instant case specific intimation was given to the ito before the completion of the assessment in appeal here about the names of the other four legal representatives of late puran chand. .....

Third Income-tax Officer Vs. Mrs. Veera D. Thackersey

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)14ITD141(Mum.)

..... in that decision, the bombay high court was called upon to examine the precise scope of section 19a of the wealth-tax act, 1957, which is analogous to section 168 of the 1961 act. ..... the ratio of the subsequent decision of the bombay high court, discussed above, is that provisions of section 19a of the 1957 act (which are in pan materia with section 168 of the 1961 act) would be attracted only in those cases where the deceased had left a will. ..... it would thus be seen that on the one hand, the ito held that the entire income was assessable in the hands of executor/administrator under section 168, while on the other hand, he assessed the entire income in the individual assessments of mrs. ..... the reason for non-application of the said section in cases where the death is intestate is that the property vests in the legal heirs from the time of the death of the deceased and that the said vesting does not remain in abeyance.subsequent grant of letters of administration in cases of intestate death would not divest the legal heirs of the property vested int hem, particularly when the heirs are already in possession as heirs at the time of grant of letters of administration.15. .....

Wealth-tax Officer Vs. Miss K.P. Sarojini

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1987)21ITD518(Delhi)

..... in view of this, the assets left by them are clearly assessable in the hands of the assessee for wealth-tax purposes.2.1 in appeal by the assessee, the learned appellate assistant commissioner relying upon sections 19 and 19a of the wealth-tax act, 1957 held that on the facts and in the circumstances of the assessee's case, the wealth-tax officer erred in including the above-mentioned assets in the hands of the assessee since according to the learned appellate assistant commissioner the property cannot be held to be belonging to the assessee because the assessee became the legal owner thereof only on 13-9-1979. ..... explanation : in this section, "executor" includes an administrator or other person administering the estate of a deceased person.the above section stipulates a situation where assessment is to be made in the case of executrix, the one we are presently seized of, and it provides that the net wealth of the estate of a deceased person shall be chargeable to tax in the hands of the executor or executors and the executor or executors shall be treated as individual and separate assessments shall be made in respect of the net wealth as on each valuation date as is included in the period from the date of the death of the deceased to the date of complete distribution to the beneficiaries of the estate, according to their several interests.5. .....

Commissioner of Wealth-tax Vs. Executors to the Estate of Sir E.C. Ben ...

Court : Kolkata

Reported in : [1977]106ITR57(Cal)

..... where section 19 was not attracted, the executors could not be assessed or taxed under the act and, therefore, to meet this situation, section 19a was introduced in the act by the wealth-tax (amendment) act, 1964, with effect from april i, 1965. ..... section 3 of the act provides as follows ; 'subject to the other provisions contained in this act, there shall be charged for every assessment year commencing on and from the first day of april, 1957, a tax in respect of the net wealth on the corresponding valuation date of every individual, hindu undivided family and company at the rate or rates specified in the schedule.' 5. ..... pal, the learned counsel for the revenue, has confined his submissions solely to the assessment year 1961-62 by conceding that the executors cannot be assessed to wealth-tax in the assessment years 1962-63 and 1963-64, in view of the decision of the bombay high court in the case of jamnadas v. ..... this is a reference under section 27(1) of the wealth-tax act, 1957, concerning the estate left by late sir edward c. ..... pal that this section was in operation retrospectively from april 1, 1957, must fail. 11. ..... this section does not say that 'it shall be deemed to have come into force on april 1, 1957' and not a word has been used in it even to suggest that it shall have retrospective operation with effect from any earlier date. ..... the act, prior to its amendment, came into effect on april 1, 1957. .....

Dr. S.D. Suri Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1982)1ITD686(Delhi)

..... section 19a of the act in the said chapter deals with the liability to assessment in the case of executor and it was brought in the statute book, as an amendment by insertion, by the wealth-tax (amendment) act, 1964, with effect from 1-4-1965. ..... the assessments have been framed under section 16(3) of the wealth-tax act, 1957 ("the act"), and the following common grounds have been taken in respect of both the years : 2. ..... the charging section in the wealth-tax act, 1957, viz. ..... at the outset, we will like to place it on record that the assessments for the assessment years 1957-58 to 1971-72 have been made on the same day as is claimed by the parties, more so, the impugned order of the aac is also a common consolidated one in respect of the assessment years 1957-58 to 1971-72 but the assessee has preferred appeals only for the two assessment years, viz. ..... , section 3 of the act, reads as under : subject to the other provisions contained in this act, there should be charged for every (assessment year) commencing on and from the 1st day of april, 1957 a tax (hereinafter referred to as wealth-tax), in respect of the net wealth on the corresponding valuation date of every individual, hindu undivided family and company at the rate or rates specified in the schedule.14. .....