| Citation(s) |
|---|
| 1987 SLG 2617 1987 SLD 2617 (1987) 163 ITR 723 |
Allahabad High Court
N.D. OJHA AND R.R. MISRA, JJ.
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N.D. OJHA AND R.R. MISRA, JJ.
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Commissioner of Wealth Tax
v.
Sardara Singh
Law:
Section:
Section 2(m), read with section 27 of the Wealth-tax Act, 1957 - Net Wealth - Assets belonging to assessee - Tribunal held that no benami transaction was involved in instant case - It also excluded value of 208 acres of land from total wealth of assesssee - Whether questions of law arose from Tribunal's order - Held, yes FACTS The Tribunal held that no benami transaction was involved in the instant case. It also excluded value of 208 acres of land from the total wealth of the assessee. On application under section 27(3): HELD Since in regard to the assessment year 1975-76, the application made by the Commissioner under section 27(3) had been allowed by the High Court, these applications also for the same reason deserved to be allowed. Bharatji Agarwal for the Applicant. JUDGMENT These five Wealth-tax Applications, namely, WTR Nos. 96, 97, 98, 106 and 170 of 1984 raise indentical questions. They, as such, are being decided by a common order. The prayer contained in these applications under section 27(3) of the Wealth-tax Act, 1957, is that the Tribunal may be called upon to refer to this court for its opinion the three questions mentioned therein. As regards question No. 1 we are of the opinion that it does not arise from the appellate order of the Tribunal. The remaining questions Nos. 2 and 3 are being reproduced herein below as questions Nos. 1 and 2 : "1.Whether, on the facts and in the circumstances of the case, the Tribunal could reasonably come to a finding that no benami transaction was involved in this case ? 2.Whether the Tribunal was legally justified in directing the exclusion of the value of 208 acres of land from the total wealth of the assessee ?" WTA No. 96 of 1984 is in regard to assessment year 1971-72, WTA No. 97 of 1984 is in regard to assessment year 1972-73, WTA No. 98 of 1984 is in regard to assessment year 1973-74, WTA No. 170 of 1984 is inβ¦
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