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Commissioner Of Wealth-Tax vs Sadi Ram Ganga Prasad (Huf)

High Court Of Judicature at Allahabad|01 January, 1990

JUDGMENT / ORDER

JUDGMENT
1. These are five applications under Section 27(3) of the Wealth-tax Act. They have been filed by the Commissioner of Wealth-tax. Three questions have been raised in each of the applications. Similar questions were raised for assessment year 1976-77. The Tribunal had referred questions Nos. 1 and 2. The Department wanted same questions as are raised in these applications to be referred. But this court rejected the application as the questions raised were wide enough to cover all the aspects. Since the first two questions raised in these applications are the same and raised the same question of law and the circumstances are also identical, namely, the Tribunal has already made reference, we do not find any justification to call for any reference.
2. Question No. 3 raises a question of fact. The valuation of ornaments does not raise any question of law. The submission made by learned standing counsel that the first valuer's report was not taken into consideration has no substance. The Commissioner, while determining the valuation, had looked into all the three valuers' reports and recorded a finding in favour of the assessee. The Tribunal, while endorsing, examined it afresh and arrived at the same conclusion. It cannot be said that the report on all the aspects was not given due weight.
3. In the circumstances, all the five applications are rejected. There shall be one set of costs.
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Title

Commissioner Of Wealth-Tax vs Sadi Ram Ganga Prasad (Huf)

Court

High Court Of Judicature at Allahabad

JudgmentDate
01 January, 1990
Judges
  • R Sahai
  • R Misra