SUBHADRABEN SHANKERLAL PATEL vs. COMMISSIONER OF INCOME TAX

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WTR/44/1991HC GujaratGJHC24013713199121 December 2002Author: HONOURABLE MR. JUSTICE ANIL R. DAVE,HONOURABLE MR. JUSTICE K.M.MEHTA2 pages
AI SummaryAllowed

What did the High Court hold?

The High Court held that the assessee was entitled to the exemption under Section 5(1)(xvia) of the Wealth-tax Act, 1957, in respect of the National Defence Gold Bonds, 1980. The court's reasoning was based on its prior judgment in a similar case, Wealth Tax Reference No. 34 of 1991, decided on December 21, 2002. In that previous judgment, the court had answered the identical question in favour of the assessee and against the revenue. Therefore, following its own precedent, the court answered the question in the affirmative, in favour of the assessee and against the revenue. The reference was disposed of with no order as to costs.

What were the facts?

This is a Wealth Tax Reference No. 44 of 1991 before the High Court of Gujarat at Ahmedabad. The case arises from an order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'C'. The assessee is Subhadra Ben Shankarlal Patel, and the respondent is the Commissioner of Income Tax. The reference was made under Section 27(1) of the Wealth-tax Act, 1957. A similar question was raised in Wealth Tax Reference No. 34 of 1991, which this court had already disposed of on December 21, 2002.

What were the issues?

The Tribunal had to decide the following question of law: 1. Whether, on the facts and in the circumstances of the case, the assessee was entitled to the exemption under Section 5(1)(xvia) in respect of the National Defence Gold Bonds, 1980? The judgment does not record specific arguments from the assessee or the revenue. However, the question itself pertains to the interpretation and applicability of Section 5(1)(xvia) of the Wealth-tax Act, 1957, concerning the exemption of National Defence Gold Bonds, 1980, for wealth tax purposes.

Which sections of the Income-tax Act were involved?

Section 27(1),Section 5(1)(xvia)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

WEALTH TAX REFERENCE No 44 of 1991

For Approval and Signature:

HON'BLE MR.JUSTICE A.R.DAVE and HON'BLE MR.JUSTICE K.M.MEHTA

============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements?

2.

To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement?

4.

Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5.

Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?

-------------------------------------------------------------- SUBHADRABEN SHANKERLAL PATEL Versus COMMISSIONER OF INCOME TAX -------------------------------------------------------------- Appearance: 1. WEALTH TAX REFERENCE No. 44 of 1991 MR JP SHAH for Petitioner No. 1 MR MANISH R BHATT for Respondent No. 1

--------------------------------------------------------------

CORAM : HON'BLE MR.JUSTICE A.R.DAVE and HON'BLE MR.JUSTICE K.M.MEHTA

Date of decision: 21/12/2002

ORAL JUDGEMENT (Per : HON'BLE MR.JUSTICE A.R.DAVE)

The following question of law, arising out of the order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'C', has been referred to this court for its opinion under the provisions of sec. 27(1) of the Wealth-tax Act, 1957. "Whether, on the facts and in the circumstances of the case, the assessee was entitled to the exemption under sec. 5(1)(xvia) in respect of the National Defence Gold Bonds, 1980?"

2.

Similar question had been raised in Wealth Tax Reference No. 34 of 1991. This court has disposed of the said reference by answering the question in favour of the assessee and against the revenue by its judgment dated 21.12.2002. The question referred to this court in this reference is also, therefore, answered in the affirmative, i.e., in favour of the assessee and against the revenue.

The reference stands disposed of with no order as to costs.

(A.R. Dave, J.)

(K.M. Mehta, J.) (hn)

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