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THE C.W.T. CENTRAL KANPUR versus B.M. KANODIA (HUF) KANPUR

High Court of Judicature at Allahabad

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The C.W.T. Central Kanpur v. B.M. Kanodia (Huf) Kanpur - WEALTH TAX REFERENCE No. 145 of 1988 [2005] RD-AH 1872 (9 August 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court no.37

WEALTH TAX REFERENCE No.145 Of 1988.

The Commissioner of Wealth-tax, (C), Kanpur. Applicant

Versus

B.M. Kanodia ( HUF), Kanpur. Respondent.

...............

Hon'ble R. K. Agrawal, J.

Hon'ble Rajes Kumar, J.

The Income Tax Appellate Tribunal, Allahabad has referred the following question of law under section 27 (1) of the Wealth Tax Act, 1957 (hereinafter referred to as "the Act") for opinion to this Court.

" Whether on the facts and in the circumstances of the case, the I.T.A.T. was correct in holding that the question of valuation was not referred to the proper valuer and directing the W.T.O. to refer the valuation again to the competent valuer, to determine the assessee's share in the firm and not to go by valuation made by the Valuation Officer who had valued the assets of the firm?"

The reference relates to the Assessment Years 1980-81 and 1981-82.

We have heard Sri A.N. Mahajan, learned Standing Counsel appearing on behalf of the Revenue and Sri S.K.Garg, learned counsel assisted by Sri R.S. Agrawal, on behalf of the respondent assessee.

We find that similar question came up for consideration in Wealth Tax Reference No.158 of 1987, The Commissioner of Wealth-tax Versus Shri Ram Saran Kejriwal decided on 9th November, 2004, this court has returned the question unanswered on the ground that the Tribunal has only remanded the matter to the Wealth Tax Officer and has not adjudicated upon any issue. The Tribunal while remanding the matter to the Assessing Authority has to follow its earlier decision in the case of CWT Versus Shri Ram Saran Kejriwal.

Thus, in view of the order passed in the case of Shri Ram Saran Kejriwal being Wealth Tax Reference No. 158 of 1987, we accordingly, return the question unanswered.

Dated. 09.08.2005.

VS.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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