Property subject to ULCA restrictions cannot be valued at market value

AIMS Oxygen Pvt. Ltd vs. WTO (Gujarat High Court Full Bench)

 

The assessee had a plot of open land which was declared to be surplus under the Urban Land [Ceiling & Regulation] Act, 1976. The assessee claimed that as the land was under ULCA and not marketable, its value for wealth-tax purposes had to be taken at the rate of compensation that it was entitled to be awarded under the ULCA. However, the AO, CIT (A) and Tribunal held that as s. 7 of the W.T. Act required the land to be valued on the basis of “if sold in open market”, property had to be valued on that basis and there was no question of reducing the value of the land on the ground of restrictions and prohibitions. On a reference to the High Court, the issue was referred to the Full Bench. HELD by the Full Bench reversing the lower authorities: