Case: Commissioner Of Wealth Tax (Central)Calcutta Vs. M/S. Standard Vacuum Oil Co. Ltd

assessee on the valuation date, including assets required to be included in this net wealth as on that date under this Act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date other than,- (i) debts which under S. 6 are not to be taken in into account; and (ii) debts which are secured on, or which have been incurred in relation to, any asset in respect of which wealth-tax in not payable under this Act." Section 2(q) defines valuation date as "in relation to any year for which an assessment is to be made under this Act, means the last day of the previous year as defined in Cl. (11) of S. 2 of the Income-tax Act if an assessment were to be made under that Act for that year". It is not necessary to set out the proviso to this definition. Section 3 is the charging section which reads as follows:"Subject to the other provisions contained in this Act, there shall be charged for every financial year commencing on and from the first day of April, 1957, a tax (hereinafter referred to as wealth-tax) in respect of the net wealth on the corresponding valuation date of every individual, Hindu undivided family and company at the rate or rates specified in the Schedule." 4. The question with which we are concerned is whether the amounts directed to be paid by notices of demand dated May 28, 1956 and May 31, 1957, are "debts owed" by the assessee within S. 2(m) on the respective valuation dates. Now the notices of demand were issued under S. 18A(1) of the Income-tax Act. The exact notices of demand which were issued are not on record, but the learned counsel drew out attention to the form of notice prescribed under the Act. Section 18A(1), inter alia, provides that the Income-tax Officer may "by order in writing, require an assessee to pay quarterly to the credit of the Central Government on the 15th day of June, 15th day of September, 15th day of December and 15th day of March in that year, respectively, an amount equal to one-quarter of the income-tax and super-tax payable on so much of such income as is included in his total income of the latest previous year in respect of which he has been assessed." It is necessary to reter to the rate at which he has to calculate the tax. Sub-section (2) of S. 18A enables an assessee to formulate his own estimate of the tax payable by him if he considers that the income is less than on which he has been required to pay tax, but he has to send this revised estimate of the tax payable by him before any one of the dates specified in sub-section (1)(a) and adjust excess or deficiency in respect of any instalment already or in subsequent instalments. It is this provision which Mr. Sastri relies on strongly to show that the demand under S. 18A (1) is not a debt owed, within S. 2(m) of the Wealth Tax Act. He further refers to sub-section (5) which provides for payment of simple interest by the Central Government for any amount paid by the assessee in accordance with the provisions of S. 18A. He says that this shows that it is really the Government which ultimately becomes the debtor and there is no question of any debt being owed by the assessee. He further urges that the word "debt" connotes a definite fixed amount and does not include merely a liability to pay a sum which is not ascertained. 5. In our opinion, the High Court was right in answering the question in favour of the assessee Section 18A (10) provides that if the assessee does not submit a revised estimate under sub-section (2) of S. 18A, and he does not pay on the specified date any instalment of tax that he is required to pay under sub-section (1), he shall be deemed to be an assessee in default in respect of such instalment or instalments, and if he does submit a revised estimate but does not pay an instalment in accordance therewith on the date or dates specified in subsection (1), he shall be deemed to be an assessee in default in respect of such instalments. Under sub-section (11) any sum paid or recovered from the assesee in pursuance of the provision of S. 18A is given credit towards the tax due in respect of the appropriate year. We cannot find any substantial difference between advance tax paid under the provisions of S. 18A and tax due and paid under a demand notice passed after an assessment. The only difference is that if the facts so warrant, the assessee is enabled to pay less than the amount demanded by the Income-tax Officer. But till a new estimate is made by the assessee, the amount is ascertained and there is a statutory liability on the assessee to pay the amount mentioned in the order under S. 18A. We agree with the observations of the Gujarat High Court in Commr. of Wealth Tax v. Raipur Manufacturing Co., Ltd., (1964) 52 ITR 482 at p. 522: (AIR 1964 Guj 154 at p. 174) that a condition subsequent, the fulfilment of which may result in the reduction or even extinction of liability, would not have the effect of converting the liability which attaches under such notice under S. 18A into a contingent liability." In our opinion a debt is owed when an order S. 18A(1) is passed and a notice of demand sent. The amount mentioned in the notice begins to be owed till a new figure is substituted by the action of the assessee. On the valuation dates in the appeals, the assessee had not taken any action under S. 18A(2) and consequently the amounts mentioned in the notices of demand were debts owed within 2(m) of the Wealth Tax Act on the valuation dates.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]5. In our opinion, the High Court was right in answering the question in favour of the assessee Section 18A (10) provides that if the assessee does not submit a revised estimate under sub-section (2) of S. 18A, and he does not pay on the specified date any instalment of tax that he is required to pay under sub-section (1), he shall be deemed to be an assessee in default in respect of such instalment or instalments, and if he does submit a revised estimate but does not pay an instalment in accordance therewith on the date or dates specified in subsection (1), he shall be deemed to be an assessee in default in respect of such instalments. Under sub-section (11) any sum paid or recovered from the assesee in pursuance of the provision of S. 18A is given credit towards the tax due in respect of the appropriate year. We cannot find any substantial difference between advance tax paid under the provisions of S. 18A and tax due and paid under a demand notice passed after an assessment. The only difference is that if the facts so warrant, the assessee is enabled to pay less than the amount demanded by the Income-tax Officer. But till a new estimate is made by the assessee, the amount is ascertained and there is a statutory liability on the assessee to pay the amount mentioned in the order under S. 18A. We agree with the observations of the Gujarat High Court in Commr. of Wealth Tax v. Raipur Manufacturing Co., Ltd., (1964) 52 ITR 482   at p. 522: (AIR 1964 Guj 154   at p. 174) that a condition subsequent, the fulfilment of which may result in the reduction or even extinction of liability, would not have the effect of converting the liability which attaches under such notice under S. 18A into a contingent liability." In our opinion a debt is owed when an order S. 18A(1) is passed and a notice of demand sent. The amount mentioned in the notice begins to be owed till a new figure is substituted by the action of the assessee. On the valuation dates in the appeals, the assessee had not taken any action under S. 18A(2) and consequently the amounts mentioned in the notices of demand were debts owed within 2(m) of the Wealth Tax Act on the valuation dates.