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Actually,
no one in India can claim that he is a "Government Approved
Valuer". Yet, everyone desires to engage services of a "Government
Approved Valuer" and therefore, to satisfy the clients, everyone
who is enlisted or empanelled with various Government Departments,
states that, he / she is "Government Approved Valuer"
There
are three levels of governments in India i.e. Central Government,
State Government and Local Self Government.
All
these Government levels solicit the services of valuers for one
or the other reason and many of them are maintaining a register
of valuers with them for specific purpose or a panel of valuers
from which a particular one can be called upon to undertake their
assignments.
For
instance, under the enactment of Wealth Tax Act, under Section 34
AB, a valuer can get registered (which is as good as an empanelment)
with related Income tax authorities for undertaking Wealth Tax work.
There are (ten) different categories of valuers possessing different
qualifications as prescribed for such valuers. For a particular
case under reference, such as Valuation of immovable properties
(other than agricultural lands, plantations, forests, mines and
quarries) they shall have degree qualifications in followings :
| (A) |
Civil
Engineering, Architectural, Town Planning from a recognised
university.
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| (B) |
Post
Graduate degree in valuation of real estate from recognised
university (Sardar Patel University at Vallabh Vidyanagar
is the only institution offering such course and admits student
with B.Com, B.A. and B.Sc qualifications also.)
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| (C) |
Possess
a qualifications recognised by Central Government for recruitment
to superior services or Posts under Central Government in
the field of Civil Engineering. Architecture or Town Planning.
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Observations
and Anomalies
| 1. |
A
Professor teaching in the college of engineering is also eligible
for registration under Wealth Tax Act who has no experience
or exposure to economic activity, commercial and market conditions
and prevailing sentiments.
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| 2. |
The
assessment of value under Wealth Tax Act has to be done as
per the rules provided under Wealth Tax Act. Earlier, it was
Rule 1BB and now, as per Schedule III. These are simple arithmetical
calculations which even a tenth standard literate can perform.
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| 3. |
Although
one is registered as a valuer under the Wealth Tax Act, the
report of such registered valuer is not binding on the Wealth
Tax Officer deciding particular tax assessment case.
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| 4. |
Plant
and Machinery valuers are also being registered under this
act. However, under the definition of the assets (to be) defined
by Wealth Tax Act for the assessment of Wealth Tax, plant
and machinery is not a taxable wealth and therefore, it becomes
a redundant provision for plant and machinery valuers to be
registered under or on the panel of Wealth Tax Act. This matter
has been taken up with the Ministry of Finance.
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| 5. |
Formerly
this registration of valuers for Wealth Tax purpose was with
Central Board of Direct Taxes. After the year 1986 this procedure
has been changed. Now, for becoming eligible to undertake
valuation in Wealth Tax case, the valuer has to seek registration
with the Office of the Chief Commissioner Of Income Tax of
the area in which the valuer is operating.
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| 6. |
One
must understand and realise that, such registration of valuers
is done only for purpose of Wealth Tax and therefore the scope
of such procedure is restricted in respect of that enactment
only.
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| 7. |
Nevertheless,
because institutions, organisations or individual are not
properly informed on this point, the valuers who are merely
registered or empanelled (under such enactment where its scope
is only limited) remain free to misguide the people by claiming
that they are the so-called Government Approved Valuers
under Income Tax Act also. This has created a wrong impression
everywhere that, there is a separate superior category of
valuers who have obtained approval of their status from Government
authorities. This is totally erroneous. No one is a Government
Approved Valuer.
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| 8. |
One
has to also realise that, "Indian Wealth Tax Act"
is one of the minor legislation in our country. The revenue
obtained is comparatively meager and the implementation of
this legislation is through the officer of Income Tax Department
i.e. a Income Tax Officer will act as a Wealth Tax Officer
for Assessment and collection of tax under the Wealth Tax
Act.
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| 9. |
Since
there is no other act or legislation whereby a valuer is accorded
recognition, this above referred registration procedure is
being misused and introduces ill-understood concepts in clients
minds, who may avail the services of valuers for various other
purposes also.
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| 10. |
We
may note here that, Government Of India has agreed in principal
to bring in legislation and enact a suitable Engineers
Act. The Consulting Engineers Association Of India have
made a written submission to the Honble High Court at
New Delhi in this regard. The matter is being pursued by Consulting
Engineers Association Of India. Unlike the other professionals,
like Architects, Chartered Accountants, Advocates, Company
Secretaries, Cost Accountants, etc., the Engineers are not
governed by any specific enactment passed by either the Parliament
or by any other legislating authority.
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Surveyours
and loss assessor who normally work for insurance claims are another
category of people who are wrongly projecting themselves as valuers
recognised by department of economic affairs, as they happen to
hold a licence issued under the insurance act for doing the necessary
survey and estimate damages in case of claims made on insurance
company.
Surveyors
and loss assessors are trained to assess the cost of the damage,
with a view to re-instate the assets i.e. what it costs to re-instate.
A valuer on the other hand, is expected to estimate the value of
any asset, keeping in mind, the benefits one would derive from the
potentiality of that asset when he acquires the said asset, tangible
or intangible by transfer of ownership rights.
No
one, i.e. neither Income Tax Department nor the Insurance Department
is conducting any examination for determining the quallification
or worth of a valuer or surveyor and loss assessor except in case
of the Wealth Tax Act purpose, where valuers qualifications
are considered only for the purpose of registration or empanelment
(which, in any case, may not guarantee either an assignment for
such registered valuer from Wealth Tax Authority or that particular
valuers findings would be binding on Wealth Tax Authority for determination
of tax amount)
Under
Section 23 of the Land Acquisition Act, a valuer is expected to
assess "the market value" within the limitations prescribed
in the Section 23 as well as the restriction given in Section 24.
So, it is pertinent for a valuer to possess the knowledge, experience
and exposure of market sentiments which means, that he should have
a knowledge of multiple disciplines like economics, commerce, taxation,
law and engineering to be able to ascertain their impact on market
value. No one can be considered to be competent to assess such market
value, if he lacks the necessary knowledge in any of the above referred
fields.
Sardar
Patel University, Vallabh Vidyanagar, Gujarat, offers Post Graduate
training Course in this profession to the graduate Candidates of
any discipline but, one must bear in mind the fact, that the scope
of such training is restricted.
IESs
College of Architecture in active association with Practising Valuers
Association (India) and The IESs Management College and Research
have introduced a one year comprehensive autonomous Post Graduate
Diploma Course in Valuation for graduates in engineering and architects.
On successful completion of this course students would be awarded
a P.G. Diploma and a student accredition of Practising Valuers Association
(India).
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