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august 1969

Supreme Court of India · 1969-08-08

COMMISSIONER OF WEALTH-TAX, CALCUTTA, NOWWEST BENGAL II vs TUNGABHADRA INDUSTRIES LTD., CALCUTTA

Citation / case number
SC 1968/60081
Court
Supreme Court of India
Petitioner
COMMISSIONER OF WEALTH-TAX, CALCUTTA, NOWWEST BENGAL II
Respondent
TUNGABHADRA INDUSTRIES LTD., CALCUTTA
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that under Section 7(2)(a) of the Wealth Tax Act, 1957, the Wealth-tax Officer is entitled to adopt the value of fixed assets as shown in the balance-sheet unless the assessee provides material to demonstrate that the written down value is the true value. The Court emphasized that the onus of proof lies with the assessee to establish that the balance-sheet value is artificially inflated. In the absence of such evidence, the values in the balance-sheet should be accepted for wealth-tax assessment.

COMMISSIONER OF WEALTH-TAX, CALCUTTA, NOWWEST BENGAL II vs TUNGABHADRA INDUSTRIES LTD., CALCUTTA · Niyam