Law: Wealth Tax Act, (XV of 1963)

Section: 5(1)(vi)

Wealth Tax Act (XV of 1963)--- -- S. 5(l)(vi) [as amended by Finance Act (XLVII of 1976)]--Words "other articles" -"Articles intended for household or personal use"-- ­Meaning-Rule of ejusdem genris, a rule of construction-Application of such rule-Motor car-Exemption on basis of S. 5ii)(vi)-Assessing Officer before exempting car on basis of S. 5(1)(vi), held, justified in making enquiry whether car was intended for personal use or not -Assessing Officer if coming to conclusion that car for which exemption claimed was not intended for personal or household use, he would be within jurisdiction to reject claim for exemption in respect of such car. JUDGMENT SALEEM AKHTAR, J. --By this judgment we propose to dispose of W. T. Rs. Nos. 27/74, 28/74, 29/74, 30/74, 31/74, 32/74, 34/74, 35/74, 41/74, 42174, 45/74 and 47/74, as in every case the Department has filed application under section 27 of the Wealth Tax Act referring the following question (1) Whether on the facts and in the circumstances of the case the Tribunal was justified in holding that the assessee was entitled to exemption in respect of the motorcar under clause (vi) of subsection (1) of section 5 of the Wealth Tax Act? In all the cases, the respondents had claimed exemption in respect of the motor cars in computation of their net wealth. The respondent had claimed this exemption on the basis of clause (vi) of section 5(1) but the Assessing Officer did not grant it and value of the motor car was added to the total wealth of the respondent. The Tribunal, however, allowed the appeal and exemption was granted. Clause (vi) of section 5(1) of the Wealth Tax Act reads as follows :--- "5. Exemption in respect of certain assessees.-(1) Wealth tax shall not be payable by an assessee in respect of the following assets ; and such assets shall not be included in the net wealth of the assesses (i) ................................. (ii) ................................. (iii) ................................. (iv) ................................. (v) ................................. (vi) Furniture, household utensil, apparel, provisions and other articles (excluding jewellery) intended for the personal or household…

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