7. Value of assets how to be determined. —
1[7. Value of assets how to be determined. —(1) Subject to the provisions of sub-section (2), the value of any asset, other than cash, for the purposes of this Act shall be its value as on the valuation date determined in the manner laid down in Schedule III.
(2) The value of a house belonging to the assessee and exclusively used by him for residential purposes throughout the period of twelve months immediately preceding the valuation date, may, at the option of the assessee, be taken to be the value determined in the manner laid down in Schedule III as on the valuation date next following the date on which he became the owner of the house or the valuation date relevant to the assessment year commencing on the Ist day of April, 1971, whichever valuation date is later.
2[***]
Explanation .—For the purposes of this sub-section,—
(i) where the house has been constructed by the assessee, he shall be deemed to have become the owner thereof on the date on which the construction of such house was completed:
(ii) “house” includes a part of a house being an independent residential unit.]
Comments
The final decision, in valuation of shares, by the valuer appointed on basis of settlement arrived at before Court is to be final and binding. But the Court can intervene if the valuation is made on a fundamentally erroneous basis or a patent mistake has been committed by the valuer; Renuka Datta (Dr.) v. Solvay Pharmaceuticals B.V ., (2004) 1 SCC 149.
The probable estate duty payable on the death of the life interest-holder is deductible in assessing the value of remaindermen’s interest in the trust property during the life of the life interest-holder. On the death of the holder of the life interest, the provisions of the Estate Duty Act would be applicable; Commissioner of Wealth-Tax, Hyderabad v. Trustees of H.E.H ., (2003) 5 SCC 122.
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1. Subs. by Act 3 of 1989, sec. 62, for section 7 (w.e.f. 1-4-1989). Earlier section 7 was amended by Act 46 of 1964, sec. 7 (w.e.f. 1-4-1965), by Act 45 of 1972, sec. 8 (w.e.f. 1-1-1973) and by Act 66 of 1976, sec. 27(3) (w.r.e.f. 1-4-1976).
2. Proviso omitted by Act 18 of 1992, sec. 93 (w.e.f. 1-4-1993).
