TANMANBEN B PATEL vs. COMMISSIONER OF INCOME TAX

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WTR/33/1991HC GujaratGJHC24013703199121 December 2002Author: HONOURABLE MR. JUSTICE ANIL R. DAVE,HONOURABLE MR. JUSTICE K.M.MEHTA2 pages
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What did the High Court hold?

The High Court of Gujarat, in its oral judgment delivered by Hon'ble Mr. Justice A.R. Dave, decided the referred question of law in favour of the assessee and against the revenue. The court noted that a similar question had been raised in Wealth Tax Reference No. 34 of 1991. This court had previously disposed of that reference by answering the question in favour of the assessee and against the revenue through its judgment dated 21.12.2002. Consequently, following its own precedent, the court answered the question in the present reference in the affirmative, meaning the assessee was entitled to the exemption under Section 5(1)(xvia) in respect of the National Defence Gold Bonds, 1980. The ratio decidendi is that if a similar question has been decided in favour of the assessee based on the same statutory provision and facts, the same principle applies to subsequent references. The reference was disposed of with no order as to costs.

What were the facts?

This case involves a Wealth Tax Reference No. 33 of 1991 before the High Court of Gujarat at Ahmedabad. The reference arises from an order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'C'. The assessee, Tanmanben B. Patel, is challenging the Tribunal's decision concerning the assessment year(s) not explicitly stated in the provided text. The core of the dispute revolves around the assessee's entitlement to an exemption under Section 5(1)(xvia) of the Wealth-tax Act, 1957, specifically in relation to National Defence Gold Bonds, 1980. The procedural history indicates that a similar question was raised in Wealth Tax Reference No. 34 of 1991, which this court had already decided.

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 sec. 5(1)(xvia) in respect of the National Defence Gold Bonds, 1980? Assessee's Contentions: The assessee, through Mr. J.P. Shah, argued that they were entitled to the exemption under Section 5(1)(xvia) of the Wealth-tax Act, 1957, for the National Defence Gold Bonds, 1980. The specific grounds or precedents relied upon by the assessee are not detailed in the provided text, beyond the general assertion of entitlement. Revenue's Contentions: The revenue, represented by Mr. Manish R. Bhatt, contested the assessee's claim for exemption. The specific arguments or legal provisions relied upon by the revenue are not recorded in the judgment.

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 33 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?

-------------------------------------------------------------- TANMANBEN B PATEL Versus COMMISSIONER OF INCOME TAX -------------------------------------------------------------- Appearance: 1. WEALTH TAX REFERENCE No. 33 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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