JUDGEMENT
B.P.JEEVAN REDDY, J. -
(1.) THE question referred under S. 27(1) of the Wealth -tax Act, 1957, is : "Whether, on the facts and
in the circumstances of the case, the debt relating to the taxable wealth after allowing exemption
tinder S. 5 ( 1 ) (iv) of the Act was allowable to the assessee ? One of the assets included in the
wealth of the assessee was a house property. It was valued at Rs. 5,00,000. It was pointed out
that a sum of Rs. 62,500 was incurred on repairs and improvements to the said house. At the
relevant time, house property up to the value of rupees one lakh only was exempt by virtue of cl.
(iv) of sub -s. (1) of S. 5 read with sub -s. (1 -A) thereof. In other words, only an amount of rupees
one lakh was to be deducted out of the net wealth under S. 5(1)(iv) of the Act. The ITO did not
grant any deduction on account of the said debt of Rs. 62,500 against which the assessee went up
in appeal to the AAC. His appeal was dismissed, whereupon the assessee carried the matter to the
Tribunal. The Tribunal held that it would be just and lawful to allow deduction to the extent of the
taxable value of the house. In other words, the Tribunal held that 4/5ths of Rs. 62,500 should be
deducted in the light of the definition of net wealth contained in cl. (m) of S. 2. On a perusal of the
relevant provision of the Act, we are of the opinion that what the Tribunal has done is perfectly in
accordance with the provisions of the Act, besides being just. The question referred is, accordingly,
answered in the affirmative, i.e., in favour of the assessee and against the Revenue. No costs.;
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