Commissioner of Wealth Tax v. V. S. Thyagaraja Mudaliar
1995-09-04
JAYARAMA CHOUTA, THANIKKACHALAM
body1995
DigiLaw.ai
Judgment :- THANIKKACHALAM J. At the instance of the Department, the Tribunal referred the following question of law for the assessment years 1971-72 and 1972-73 under section 27(1) of the Wealth-tax Act, 1957, for the opinion of this court "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the remuneration credited to the account of the family to the karta, Shri V. S. Thyagaraja Mudaliar, and should be allowed in the assessment of the Hindu undivided family ?" * The assessee is a Hindu undivided family. It claimed that a sum of Rs. 3, 35, 326 in the assessment year 1971-72 and Rs. 3, 83, 346 in the assessment year 1972-73 should be deducted as a liability of the family to the individual Sri V. S. Thyagaraja Mudaliar in computing the net wealth of the two assessment years. The Wealth-tax Officer noted that in the corresponding income-tax assessment years, the claim of individual status in respect of certain investments had not been accepted and, therefore, the liability to the individual account was to be disallowed. On appeal, the Appellate Assistant Commissioner followed the decision of the Appellate Tribunal for the earlier assessment year 1970-71, where a similar liability had been allowed to be deducted and deleted the additions. On further appeal, the Tribunal followed its own order dated November 5, 1974, in W. T. A. No. 427/(Mad) of 1972-73 and confirmed the order of the Appellate Assistant Commissioner in both the assessment years under consideration. The order passed by the Tribunal in W. T. A. No. 427/(Mad) of 1972-73 came up before this court by way of Tax Case No. 647 of 1977, wherein this court by an order, dated October 21, 1981, held that since the amounts credited represent Thyagaraja Mudaliar's individual remuneration from the two companies for holding the office of the director, the credits represent amounts payable by the family to Thyagaraja Mudaliar as debts owed by the family. In this sense, the amounts have got to be allowed as debts in the computation of the family's net wealth.
In this sense, the amounts have got to be allowed as debts in the computation of the family's net wealth. In view of the abovesaid order passed by this court in the case of the same assessee in the assessment year 1970-71, in Tax Case No. 647 of 1977, dated October 21, 1981, we hold that there is no infirmity in the order passed by the Tribunal in the assessment years under consideration. Accordingly, we answer the question referred to us in the affirmative and against the Department. No costs.