VidhiSangh

Supreme Court of India · 13/10/2017

BIMAL KISHORE PALIWAL & ORS versus COMMISSIONER OF WEALTH TAX

[2017] 14 S.C.R. 597 · 2017 INSC 1041

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Summary

Partners challenged wealth-tax valuation of their firm’s owner-occupied Alpana Cinema, arguing that income capitalisation was mandatory for a running business. The Court held that Section 7(2)(a) was enabling and optional. It upheld the officer’s choice to obtain a departmental valuation and adopt the land-and-building method in the circumstances.

Issues

  1. Whether Section 7(2)(a) required business-asset valuation by the claimed income method.
  2. Whether the cinema’s use restriction or the principle favouring assessees displaced the adopted valuation.

Provisions considered

Held

Result

All appeals dismissed; High Court decision upholding the land-and-building valuation and resulting assessments affirmed.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 597.