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april 1977

Supreme Court of India · 1977-04-01

COMMISSIONER OF WEALTH TAX, NEW DELHI vs P.N. SIKAND

Citation / case number
SC 1974/60242
Court
Supreme Court of India
Petitioner
COMMISSIONER OF WEALTH TAX, NEW DELHI
Respondent
P.N. SIKAND
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court held that under Section 7 read with Sections 2(i)(e)(m) of the Wealth Tax Act, 1957, the valuation of leasehold interest must account for disadvantages such as the obligation to pay 50% of the unearned increase to the lessor upon assignment. The Court affirmed the High Court's decision that this liability constitutes a disadvantage affecting the valuation of the property, thus allowing the deduction from the assessed value. The outcome was that the valuation of the property was adjusted accordingly, recognizing the impact of the lease conditions on net wealth assessment.

COMMISSIONER OF WEALTH TAX, NEW DELHI vs P.N. SIKAND · Niyam