COMMISSIONER OF WEALTH TAX vs. ALFA NAP TRUST
What did the High Court hold?
The High Court answered the referred question in the affirmative, in favour of the assessee and against the Revenue. The reasoning is based on the judgment and order delivered in a similar case, Wealth Tax Reference No. 43/93, where the facts and the question involved were almost identical. The principle derived is that the ITAT's direction to levy tax at the normal rate was correct. The reference is disposed of accordingly, with no order as to costs. No issue was expressly left undecided.
What were the facts?
This is a Wealth Tax Reference No. 214 of 1996 before the High Court of Gujarat at Ahmedabad. The Income Tax Appellate Tribunal (ITAT), Ahmedabad, has referred a question for the opinion of the High Court under Section 27(1) of the Wealth Tax Act, 1957. The reference concerns an assessment year not explicitly stated. The Commissioner of Wealth Tax is the petitioner, and Alfa Nap Trust is the respondent. The procedural history involves the ITAT referring a question of law to the High Court. The amount in dispute is not stated.
What were the issues?
1. Whether the appellate Tribunal is right in law and on facts in directing the Assessing Officer to levy the tax on the assessee trust at the normal rate? (Question of law and fact, concerning the Wealth Tax Act, 1957). The Revenue's contention is not recorded. The Assessee's contention is not recorded. The judgment states that a similar question was answered today in Wealth Tax Reference No. 43/93, and the facts and question are almost identical, implying the arguments would be the same as in that case, but they are not detailed here.
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 214 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 ALFA NAP 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 levy the tax on the assessee trust at the normal rate?"
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
Recent GST High Court judgments
Search GST case law →- Giri Paints vs. The Assistant Commissioner (St)Madras · 15 Oct 2026
- Rahul Radheshyam Chauhan vs. Union Of INDIA Thru The Sec. Ministry Of Law And Justice And OrsBombay · 15 Oct 2026
- S.Murugesan vs. The Deputy Commercial Tax OfficerMadras · 15 Oct 2026
- Tvl. Annai Garden vs. The Commercial Tax Officer / The State Tax OfficerMadras · 15 Oct 2026
- Yadeshwar Mallekedi vs. The State Of TelanganaTelangana · 15 Oct 2026