Law: Wealth Tax Act, 1957

Section: 5,5(1)(iv)

[Indian Wealth Tax Act, 1957].......Section 5 (1)(iv)-Wealth Tax-Exemption-House property-House used exclusively for residential purposes Meaning of "house"--Two building situate in two different localities used for residential purposes of members of Hindu undivided family-Whether can be regarded of one house-Held no-Several self contained dwelling units which are contiguous and have unity of structure--Whether constitute one house-Held yes-Different units bearing different municipal numbers Construction of different units in different years- Building, whether entitled to exemption-Held yes. Exemption can be claimed under Section 5(1) (iv) of the Wealth Tax Act, 1957, in respect of only one house used for residential purposes by the assessee. Two separate buildings situate in two different localities cannot be regarded as one house even if the assessee-Hindu undivided family were using both these buildings exclusively for residential purposes. Several self-contained dwelling units which are contiguous and situate in the same compound and within common boundaries and having unity of structure could be regarded as one house. The assessee, a Hindu undivided family, claimed exemption under section 5(1)(iv) in respect of four different independent residential units which were connected by a common passage in a building owned by them, and bearing Municipal door Nos. 92 and 92A, Darbhanga Castle. A part of that building was constructed in the year 1960. The building was extended in 1963. The assessee owned another building in another locality bearing Municipal door No. 17/33, Mahatma Gandhi Marg, in the occupation of the assessees family and exemption was claimed for that building also. The Wealth Tax Officer exempted only the portion of the house bearing door No. 92 and declined to exempt the other portion bearing door No 92A and the building in Mahatma Gandhi Marg This was upheld by the Appellate Assistant Commissioner and the Tribunal Held, that the building bearing Municipal door Nos. 92 and 92A and the building situate in a different locality could not be regarded as one house. Therefore, the building bearing Municipal door No. 17/33, Mahatma Gandhi Marg, was not…

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