Let us know that M Sc Valuation course is illegal and is against the Section 8A of Wealth Tax act.
And any law or Rule promulgated by a Government will be read in accordance with its intentions. That is the intent of the creation of a Rule is important while interpreting it.
And by reading Section 8A of Wealth Tax act we will know that only graduate engineers, whether they are consulting engineers or retired officials, are eligible to apply for registering themselves as Immovable Property valuers, viz., Land and Building Valuers or Plant and machinery valuers. And they must have put up 10 years of experience in their respective fields to get into this profession. And in case of post graduates, if it is M Tech or Master in Real estate they need to put up a period two years’ experience only in their respective fields.
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So it is obvious that for post graduates (obviously in Engineering) who intend to join as Valuers under Wealth Tax act there is a concession of 6 years’ experience. Why this so? (Pl visit my other pages related to same subject by clicking on the following links)
To become a Graduate engineer that to finish B E or B Tech in Civil Engineering one has to study 4 years in a college of engineering or Technology. After that he has to put up 10 years experience to join Valuers profession under Wealth tax act.1957.
Whereas one who intends to cut short this 10 years experience one can do post graduation in Engineering, which is a 2 year course, after post graduation get 2 year experience in Civil Engineering field to apply for Valuer profession under Wealth tax act. This is what is intended in the bylaws of the Wealth Tax act.
Let us understand the issue this way, a B Tech person who studies 4 years in a college need to put up 10 years experience to join as valuer under WT act. Whereas in the case of M Tech man, he studies 4+2 = 6 years in college and need to put up 2 years experience only to be eligible for applying for Valuers profession under WT Act. So obviously, it is an incentive given to post graduates in Engineering to enter Valuers profession by giving concession of 6 years experience.
And can we imagine Wealth Tax Act rules exempting non technical and non engineering people from 6 years experience to enter into the Valuers profession which is otherwise an Engineering profession?
And also can we imagine that Wealth Tax act intends to fill up Engineering Valuation profession with Arts, Commerce and science people bypassing Engineering professionals?
Let us be clear that if some B Tech person did M Sc valuation course and he would get 6 years exemption and it is OK. This incentive must have been given to encourage B Tech people to do Post Graduation in Real estate to become more knowledgeable and to enhance their skills.
Introduction of M Sc valuation courses at regular and correspondence level in various Universities in fact are flouting the existing Rules envisaged under UGC and AICTE. To call M Sc Valuation as a Science course is misleading. Actually Engineering subjects like Building Technology, Engineering drawing, Land surveying, quantity surveying, estimation of Engineering works items, etc. are taught in these courses. And as per AICTE rules no correspondence course should be taught with respect to professional courses like Engineering and Technology.
So it is evident that M Sc valuation course is designed by some Universities to lure arts, commerce and science students to join the course with the prospects of getting enlisted as Valuers without doing Engineering graduation. Wealth Tax act does not mention M Sc course any where as an alternative to Engineering graduation.
And Supreme court Judgment of 2017 clearly bars all correspondence courses in Engineering. And asked to initiate action against those who gave permissions for such courses. Any course of study which offers and teaches Engineering subjects comes under the purview of AICTE. And hence actually M Sc Valuation course which teaches Engineering subjects invites the scrutiny of All India Council of Technical Education. Some Universities devised this tactics of calling this engineering course as Master of Science course to evade the scrutiny of AICTE.
Let us reiterate that Post graduation course in Real estate as referred to in the Section 8A of Wealth Tax is nothing but Engineering post graduation course and not Arts or Science or Commerce graduation.
Section 8A of Wealth Tax Act 1957
I have pasted hereunder the Section 8A of Wealth Tax Act 1957 for your reading and understanding of the actual provisions made by the Act with respect to Valuers of Immovable properties.
(2) A valuer of immovable property (other than agricultural lands, plantations, forests, mines and quarries) shall have the following qualifications, namely :—
(A) be a graduate in civil engineering, architecture or town planning of a recognized university;
(i) he must—
or
(B) be a post-graduate in valuation of real estate from a recognized university;
or
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(C) possess a qualification recognized by the Central Government for recruitment to superior services or posts under the Central Government in the field of civil engineering, architecture or town planning;
and]
(ii) (A) he must be a person formerly employed—
(a) in a post under Government as a gazetted officer;
or
(b) in a post under any other employer carrying a remuneration of not less than Rs. 2,000 per month,
and, in either case, must have retired or resigned from such employment after having rendered service for not less than ten years as a valuer, architect or town planner, or in the field of construction of buildings, designing of structures, or development of land; or
(c) as a professor, reader or lecturer in a university, college or any other institution preparing students for a degree in civil engineering, architecture or town planning,
or for any qualification referred to in clause (i), and must have retired or resigned from such employment after having taught for not less than ten years any of the subjects of valuation, quantity surveying, building construction, architecture, or town planning;
OR
(B) he must have been in practice as a consulting engineer, valuer of real estate, surveyor or architect for a period of not less than ten years and must have acquired experience in any of the following four fields :—
(a) valuation of buildings and urban lands; or
(b) quantity surveying in building construction; or
(c) architectural or structural designing of buildings or town planning; or
(d) construction of buildings or development of land;
and his gross receipts from such practice should not be less than fifty thousand rupees in any three of the five preceding years
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Provided that in the case of a person possessing a post-graduate degree in valuation of real estate from a recognized university, the provisions of this sub-rule shall have effect as if,—
(a) for the words “ten years”, the words “two years” had been substituted;
(b) for the words “fifty thousand rupees in any three of five preceding years”, the words “fifty thousand rupees in any one of the two preceding years” had been substituted.