COMMISSIONER OF WEALTH TAX vs. SUDHI ANGANA TRUST
What did the High Court hold?
The High Court of Gujarat, in its judgment delivered on 29/01/1998, answered the question referred by the ITAT in the affirmative, in favour of the assessee (Sudhi Angana Trust) and against the Revenue (Commissioner of Wealth Tax). The Court stated that for the reasons given in its judgment in a similar case, Wealth Tax Reference No. 43/93, decided on the same day, the question referred to it should be answered in favour of the assessee. The ratio decidendi would be that discretionary trusts are entitled to basic exemption under the Wealth Tax Act, 1957, as per the reasoning in the aforementioned related case. The reference was disposed of accordingly, with no order as to costs.
What were the facts?
This case involves a reference made by the Income Tax Appellate Tribunal (ITAT), Ahmedabad, to the High Court of Gujarat under Section 27(1) of the Wealth Tax Act, 1957. The reference concerns the assessment of Sudhi Angana Trust. The High Court notes that the facts of this case are similar to those in Wealth Tax Reference No. 43/93, decided on the same day. The specific procedural history leading to the reference, including the assessment years and the amounts in dispute, is not detailed in the provided judgment excerpt.
What were the issues?
1. Whether the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to allow basic exemption when the assessee trust was a discretionary trust? (Question of law and fact, concerning the Wealth Tax Act, 1957). Assessee's Contention: Not recorded in the judgment. Revenue's Contention: Not recorded in the judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WEALTH TAX REFERENCE No 270 of 1996
For Approval and Signature:
Hon'ble MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE A.R.DAVE ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements?
To be referred to the Reporter or not?
Whether Their Lordships wish to see the fair copy of the judgement?
Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?
Whether it is to be circulated to the Civil Judge?
-------------------------------------------------------------- COMMISSIONER OF WEALTH TAX Versus SUDHI ANGANA TRUST --------------------------------------------------------------
Appearance: B.B.NAYAK with MR MANISH R BHATT for Petitioner Respondent served
--------------------------------------------------------------
CORAM : MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE A.R.DAVE Date of decision: 29/01/98
ORAL JUDGEMENT (Per R.K.Abichandani,J.)
The Income Tax Appellate Tribunal, Ahmedabad has referred for the opinion of this Court the following
question under Section 27(1) of the Wealth Tax Act, 1957. "Whether, the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to allow basic exemption when the assessee trust was a discretionary trust?"
A similar question has been answered by us today in Wealth Tax Reference No. 43/93. Since the facts are similar and the question involved almost identical, we do not find it necessary to reproduce the facts of this case. For the reasons given by us in our judgement and order delivered in Wealth Tax Reference No. 43/93 today, we answer the question referred to us in the affirmative in favour of the assessee and against the Revenue. The reference stands disposed of accordingly with no order as to costs.
----
*/Mohandas
More judgments on Section 27(1)
- Pankaj Chhatwal, Delhi vs DCIT Circle-49(1), DelhiITA 4142/DEL/2025[2018-2019]Status: Disposed23 Dec 2025AY 2018-2019
- DCIT, Central Circle-2, Noida vs Ajay Goel, HaryanaITA 1459/DEL/2023[2020-21]Status: Disposed18 Aug 2025AY 2020-21
- Mukesh Kumar, Sonipat vs ITO, SonipatITA 4142/DEL/2024[2012-13]Status: Disposed13 Feb 2025AY 2012-13
- Bochasanwasi Shree Akshar Purushottam… vs Commissioner of Customs, AhmedabadTAXAP/526/20228 Sept 2022
- K.Shanthikumar, Chennai vs DCIT, ChennaiITA 542/CHNY/2017[2013-14]Status: Disposed8 Sept 2021AY 2013-14
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