Law: Wealth Tax Act, (XV of 1963)

Section: 14C,14(1)(D),paragraphB ofPartII oftheFirst Schedule:

Wealth Tax Act (XV of 1963)-----S. 14-C---Tax on ownership of certain immovable assets ---Assessee filed wealth tax return. and claimed exemption on self-occupied house--­Tax was paid on the basis of such return---Assessing Officer changed minimum tax under S. 14-C of the Wealth Tax Act, 1963 over and above the tax paid on the basis of wealth tax return and the same was confirmed by the First Appellate Authority---Validity---Record showed that the assessee had paid total tax alongwith the return but Assessing Officer proceeded to levy tax under S. 14-C of the Wealth Tax Act, 1963 over and above the tax liability imposed upon the assessee---Such action amounted to double taxation which was not permissible under the law--­Assessee claimed exemption being .in self-occupation of the property which was allowed by the Department---If assessee still had to pay tax under S. 14-C of the Wealth Tax Act, 1963 then this would be a sort of the liverage given to the Department to circumvent the legal provision under which the assessee had been provided exemption---Appellate Tribunal vacated the assessment order as well as the first appellate order and tax levied under S. 14-C of the Wealth Tax Act, 1963 was directed to be deleted. 2000 PTD (Trib.) 2433 ref. ORDER SYED NADEEM SAQLAIN (JUDICIAL MEMBER).---The assessee/appellant has come up in appeal. calling in question the impugned order, dated 11-2-2000 passed by the learned CWT(A). The sole contention raised by the assessee is that the -learned first appellate authority was wrong in confirming the assessment order whereby the Assessing Officer levied minimum tax at Rs.11,000 under section 14-C of the Wealth Tax Act,1963 (hereinafter called as Act) in spite of the fact that the assessee has paid total wealth tax amounting to Rs.55,070. Briefly stated the facts of the case are that Wealth Tax Return was filed by the assessee declaring total wealth at Rs.3,39,000 and agricultural wealth at Rs.38,88,000. The assessee also declared ½ share in a house situated at 202 Shah Jamal Lahore and claimed exemption on the basis of self-occupation which was accordingly allowed. However, the Assessing Officer levied minimum tax amounting to…

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