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CHARGEABILITY (SECTION 3)
Wealth tax is charged for every assessment year in respect
of net wealth of the corresponding valuation date of every individual, HUF and
company, at the rate of 1% on the amount by which the net wealth exceeds Rs.
30,00,000/- (from A Y 2010-11).
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INAPPLICABILITY (SECTION 45)
Wealth tax is not applicable in respect of the following:
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Section 25
company
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Co-operative
society
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Social club
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Political party
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Mutual Fund
specified u/s. 10(23D) of the I.T. Act.
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DEFINITIONS (SECTION 2)
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Assets Section 2(ea) means
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House Any building or land appurtenant thereto,
whether used for residential or commercial purposes or for the purpose of
maintaining a guest house or a farm house in an urban area.
Exceptions Houses which are
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Meant
exclusively for residential purposes and which is allotted by a company
to a whole time employee (including officer or director in whole time
employment), having gross annual salary of less than Rs. 5 lakhs.
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Stock-in-trade.
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Occupied
for business or profession of the assessee.
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Residential
property and which is let out for a minimum period of 300 days in the
previous year.
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Commercial
establishments or complexes.
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Motor cars
Except those used in the hiring business or as stock-in-trade.
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Jewellery
Except that which is used as stock-in-trade.
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Yachts, boats
and aircrafts other than those used for commercial purposes.
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Urban land
Any land situated in urban area.
Exceptions
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Land on
which construction of a building is not permissible under any law.
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Land
occupied by any building which has been constructed with the approval of
the appropriate authority.
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Unused land
held for industrial purposes up to 2 years.
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Land held
as stock-in-trade up to 10 years.
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Cash in hand For individuals and HUFs, in excess of
Rs. 50,000/- and in the case of any other person, any amount not recorded
in the books of account.
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Net Wealth
Section 2(m) The difference between aggregate value of assets and the
value of all the debts owed by the assessee on the valuation date which have
been incurred in relation to the said assets.
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Valuation date
means the last day of the previous year.
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CLUBBING OF ASSETS (SECTION 4)
Section 4(1)(a) Analogous to Section 64 of the I.T. Act.
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Assets
transferred by the assessee to the spouse otherwise than for adequate
consideration Assets transferred in consideration or in connection with
agreement to live apart is excluded.
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Assets held by
minor child other than minor married daughter or child suffering from
disability specified
u/s. 80U Assets acquired by minor child out of income not clubbed under
Proviso to Section 64(1A) to be excluded.
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Assets
transferred to a person or an AOP for the immediate or deferred benefit of
the transferor, his or her spouse otherwise than for adequate consideration.
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Assets
transferred under revocable transfers.
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Assets
transferred to sons wife for inadequate consideration.
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Section 4(1)(b)
Partner of a firm or a member of an AOP Value of interest in the assets
of the firm or AOP computed in the manner laid down in Schedule III.
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Section 4(1A)
Analogous to Section 64(2) of the I.T. Act Separate assets converted by a
member of an HUF into the property of the HUF.
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Section 4(5)
Assets transferred under an irrevocable transfer, would be included when
power to revoke arises.
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Section 4(6)
Holder of an impartible estate.
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Section
4(7)/(8) Analogous to Sections 27(iii)/(iiia) and (iiib) of the I.T. Act
Deemed owner of a house
Member of a co-operative society, company and AOP.
Property in possession of a person as referred to in
Sec. 53A of Transfer of Property Act, 1882 under part performance.
Lessee other than month-to-month lessee and as referred
to in clause (f) of Section 269UA of the I.T. Act.
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EXEMPTIONS IN RESPECT OF ASSETS (SECTION 5)
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Property held
under trust for public purpose or a charitable or religious nature in India.
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Interest in the
Coparcenary property of an HUF of which he is a member.
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Any one
building occupied by a Ruler.
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Jewellery in
possession of a Ruler, recognised as his heirloom.
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Assets acquired
out of the moneys brought in by a non-resident Indian, who has returned to
India with an intention to permanently reside in India. The exemption is for
7 successive assessment years.
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One house or
part of a house or a plot of land not exceeding 500 sq. mtrs. belonging to
an individual or a Hindu undivided family
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A plot of land
comprising an area of 500 square metres or less.
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VALUATION OF ASSETS (SECTION 7)
Value of assets other than Cash shall be as determined in
the manner laid down in Schedule III.
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