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march 1976

Supreme Court of India · 1976-03-10

COMMISSIONER OF WEALTH TAX vs HINDUSTAN MOTORS LIMITED

Citation / case number
SC 1971/60374
Court
Supreme Court of India
Petitioner
COMMISSIONER OF WEALTH TAX
Respondent
HINDUSTAN MOTORS LIMITED
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that under Section 7(1) and Section 7(2) of the Wealth Tax Act, 1957, the value of an asset is determined by its market value, and if the balance sheet does not reflect the true value of the assets, the onus is on the assessee to provide evidence for a reduced value. The Court clarified that mere claims of inadequate depreciation due to lack of profits are insufficient to meet this burden. The judgment of the High Court was set aside, ruling against the assessee's claim for a reduced asset valuation.

COMMISSIONER OF WEALTH TAX vs HINDUSTAN MOTORS LIMITED · Niyam