COMMISSIONER OF WEALTH-TAX vs. NATVERLAL J JADAWALA

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WTR/13/1986HC GujaratGJHC24010971198628 June 2001Author: HONOURABLE MR. JUSTICE ANIL R. DAVE,HONOURABLE MR. JUSTICE D.A.MEHTA2 pages
AI SummaryAllowed

What did the High Court hold?

The High Court of Gujarat, in its decision dated 30/07/2001, referred to a previous judgment delivered in Wealth Tax Reference No. 27 of 1983, decided on 16/12/1998. That previous reference also pertained to the same assessee and a similar question of law for assessment year 1972-73. As the question referred in the present case for assessment years 1975-76 and 1976-77 was identical to the one decided in the earlier reference, the Court followed the law laid down in Wealth Tax Reference No. 27 of 1983. Consequently, the question referred to the Court was answered in the affirmative, meaning in favour of the assessee and against the revenue. The penalty deletion by the Tribunal was upheld.

What were the facts?

This case involves a reference made by the revenue to the High Court of Gujarat at Ahmedabad under section 27(1) of the Wealth Tax Act, 1957. The Income Tax Appellate Tribunal, Ahmedabad Bench 'A', had deleted a penalty imposed by the Wealth-tax Officer under section 18(1)(c) of the Act. The reference pertains to assessment years 1975-76 and 1976-77. The revenue was represented by its learned advocate, while the respondent-assessee, Natverlal J Jadawala, though served, did not appear.

What were the issues?

1. Whether the Appellate Tribunal has erred in law and facts in deleting the penalty imposed by the Wealth-tax Officer under section 18(1)(c) of the Wealth Tax Act, 1957? The revenue contended that the Tribunal erred in deleting the penalty. The judgment does not record any specific arguments from the revenue beyond the framing of the question. The respondent-assessee did not appear, and therefore, no arguments were recorded on their behalf.

Which sections of the Income-tax Act were involved?

Section 27(1),Section 18(1)(c)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

WEALTH TAX REFERENCE No 13 of 1986

For Approval and Signature:

Hon'ble MR.JUSTICE A.R.DAVE and Hon'ble MR.JUSTICE D.A.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 Civil Judge? : NO --------------------------------------------------------------

COMMISSIONER OF WEALTH-TAX Versus NATVERLAL J JADAWALA -------------------------------------------------------------- Appearance: 1. WEALTH TAX REFERENCE No. 13 of 1986 MR BB NAYAK FOR MR MANISH R BHATT for Applicant. SERVED BY RPAD - (N) for Respondent No. 1

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

CORAM : MR.JUSTICE A.R.DAVE and MR.JUSTICE D.A.MEHTA

Date of decision: 30/07/2001

ORAL JUDGEMENT

(Per : MR.JUSTICE A.R.DAVE)

1 At the instance of the revenue, the following question has been referred to this Court under the provisions of section 27(1) of the Wealth Tax Act,1957 for its opinion by the Income Tax Appellate Tribunal, Ahmedabad Bench, "A".

"Whether the Appellate Tribunal has not erred in law and facts in deleting the penalty imposed by the Wealth-tax Officer under section 18(1)(c) of the W.T.Act,1957?"

2.

We have heard learned Advocate Mr.B.B.Nayak appearing for the applicant. Though served no body has appeared for the respondent-assessee.

3.

Our attention has been drawn to a judgment delivered in Wealth Tax Reference No. 27 of 1983 decided on 16/12/1998. The said Reference pertains to the assessee himself for a similar question of law for the assessment year 1972-73, whereas we are concerned with assessment years 1975-76 and 1976-77. As the question referred to this Court in the present Reference as well as Wealth Tax Reference No. 27 of 1983 is the same, in view of the law laid down by this Court in Wealth Tax Reference No.27 of 1983, we answer the question referred to this Court in the affirmative i.e. in favour of the assessee and against the revenue.

4.

The Reference thus stands disposed of accordingly with no order as to costs. (A.R.Dave, J) (D.A.Mehta, J)

m.m.bhatt

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