COMMISSIONER OF WEALTH TAX vs. ANGANA NAP TRUST

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WTR/211/1996HC GujaratGJHC24022141199629 January 1998Author: HONOURABLE MR. JUSTICE R.K.ABICHANDANI,HONOURABLE MR. JUSTICE ANIL R. DAVE2 pages
AI SummaryAllowed

What did the High Court hold?

The High Court answered the question referred to it 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, decided on the same day. The principle derived from the earlier judgment, which is applied here, is that the Tribunal was correct in directing the Assessing Officer to levy wealth tax on the assessee trust at the normal rate. The reference stands disposed of accordingly. No specific operative directions beyond answering the question are mentioned, but the implication is that the Tribunal's order is upheld.

What were the facts?

This is a Wealth Tax Reference No. 211 of 1996 before the High Court of Gujarat at Ahmedabad. The Income Tax Appellate Tribunal, 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 the Commissioner of Wealth Tax (Revenue) and Angana Nap Trust (Assessee). The High Court notes that the facts are similar to another case, Wealth Tax Reference No. 43/93, decided on the same day, and therefore, the facts of this case are not reproduced. The procedural history leading to the reference involves the Tribunal's direction to the Assessing Officer regarding the levy of tax on the assessee trust.

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 interpretation and application of the Wealth Tax Act, 1957). Assessee's Contentions: Not recorded in the judgment. Revenue's Contentions: Not recorded in the judgment. The judgment states that a similar question was answered in another reference (Wealth Tax Reference No. 43/93) and the facts are similar, implying the arguments might have been identical or covered by the previous decision.

Which sections of the Income-tax Act were involved?

Section 27(1)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

WEALTH TAX REFERENCE No 211 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?

2.

To be referred to the Reporter or not?

3.

Whether Their Lordships wish to see the fair copy of the judgement?

4.

Whether this case involves a substantial question 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?

-------------------------------------------------------------- COMMISSIONER OF WEALTH TAX Versus ANGANA 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.

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*/Mohandas

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