29 December 2009
Dear Hetal U/s 2(ea) of wealth Tax, the land which are using for Business is not treated as Assest but however in your case Factory land is not used by you but u Rented it therefore it is Asset however you can take exemption u/s 5(vi) if it admeasuring 500 mtrs. or less
Under the **Wealth Tax Act, 1957** (now abolished from FY 2015-16 onwards), **certain specified assets** were taxable if the **net wealth exceeded ₹30 lakhs** (as per the old law).
---
### 🚫 Not All Assets Were Taxable — Only “Specified Assets”
**Examples of taxable (chargeable) assets:**
1. Residential houses (except one house exempted) 2. Urban land 3. Motor cars 4. Jewellery 5. Yachts, boats, aircraft (other than for commercial use) 6. Cash in hand beyond ₹50,000 (for individuals)
---
### 🏭 What About Factory Godown or Industrial Premises?
If a **factory godown or industrial premises is used for business or rented for business purposes**, then **it is *not* considered an asset under wealth tax**.
#### So, your case:
> **"Factory godown/premises given on rent"**
✅ **Not taxable under Wealth Tax**, **provided**:
* The godown/premises is used for **commercial/business activities**, either by you or the tenant. * It is **not residential** in nature.
---
### 🧾 Relevant Provision (Old Law Reference):
Under **Section 2(ea)** of the Wealth Tax Act:
> "Any property held as stock-in-trade, or used for commercial purposes is excluded from the definition of ‘assets’."
---
### ⚠️ Final Note:
Wealth tax has been **abolished from Assessment Year 2016-17 onwards** (i.e., from FY 2015-16). It has been replaced with a surcharge on the super-rich.
So unless you're referring to **prior years**, this no longer applies for current filings.
---
Let me know if you’re asking this for an old case or need help with capital gains or income tax treatment now!
Under the **Wealth Tax Act, 1957** (now abolished from FY 2015-16 onwards), **certain specified assets** were taxable if the **net wealth exceeded ₹30 lakhs** (as per the old law).
---
### 🚫 Not All Assets Were Taxable — Only “Specified Assets”
**Examples of taxable (chargeable) assets:**
1. Residential houses (except one house exempted) 2. Urban land 3. Motor cars 4. Jewellery 5. Yachts, boats, aircraft (other than for commercial use) 6. Cash in hand beyond ₹50,000 (for individuals)
---
### 🏭 What About Factory Godown or Industrial Premises?
If a **factory godown or industrial premises is used for business or rented for business purposes**, then **it is *not* considered an asset under wealth tax**.
#### So, your case:
> **"Factory godown/premises given on rent"**
✅ **Not taxable under Wealth Tax**, **provided**:
* The godown/premises is used for **commercial/business activities**, either by you or the tenant. * It is **not residential** in nature.
---
### 🧾 Relevant Provision (Old Law Reference):
Under **Section 2(ea)** of the Wealth Tax Act:
> "Any property held as stock-in-trade, or used for commercial purposes is excluded from the definition of ‘assets’."
---
### ⚠️ Final Note:
Wealth tax has been **abolished from Assessment Year 2016-17 onwards** (i.e., from FY 2015-16). It has been replaced with a surcharge on the super-rich.
So unless you're referring to **prior years**, this no longer applies for current filings.
---
Let me know if you’re asking this for an old case or need help with capital gains or income tax treatment now!
Under the **Wealth Tax Act, 1957** (now abolished from FY 2015-16 onwards), **certain specified assets** were taxable if the **net wealth exceeded ₹30 lakhs** (as per the old law).
---
### 🚫 Not All Assets Were Taxable — Only “Specified Assets”
**Examples of taxable (chargeable) assets:**
1. Residential houses (except one house exempted) 2. Urban land 3. Motor cars 4. Jewellery 5. Yachts, boats, aircraft (other than for commercial use) 6. Cash in hand beyond ₹50,000 (for individuals)
---
### 🏭 What About Factory Godown or Industrial Premises?
If a **factory godown or industrial premises is used for business or rented for business purposes**, then **it is *not* considered an asset under wealth tax**.
#### So, your case:
> **"Factory godown/premises given on rent"**
✅ **Not taxable under Wealth Tax**, **provided**:
* The godown/premises is used for **commercial/business activities**, either by you or the tenant. * It is **not residential** in nature.
---
### 🧾 Relevant Provision (Old Law Reference):
Under **Section 2(ea)** of the Wealth Tax Act:
> "Any property held as stock-in-trade, or used for commercial purposes is excluded from the definition of ‘assets’."
---
### ⚠️ Final Note:
Wealth tax has been **abolished from Assessment Year 2016-17 onwards** (i.e., from FY 2015-16). It has been replaced with a surcharge on the super-rich.
So unless you're referring to **prior years**, this no longer applies for current filings.
---
Let me know if you’re asking this for an old case or need help with capital gains or income tax treatment now!