Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 1990
  6. /
  7. January

Commissioner Of Wealth-Tax vs Udai Saroj Shah And Arun Prakash ...

High Court Of Judicature at Allahabad|15 November, 1990

JUDGMENT / ORDER

JUDGMENT B.P. Jeevan Reddy, C.J.
1. The question referred under Section 27(3) of the Wealth-tax Act, 1957, in this case roads as under : "Whether, on the facts and in the circumstances, on a correct interpretation of Section 5(1)(viii) read with Explanation 1 of the Wealth-tax Act, unstudded ornaments of precious metals fall within the purview of the term 'jewellery' or not ?"
2. This issue has been settled by a division Bench of this court in CWT v. Maharaja Vibhuti Narain Singh [1979] 117 ITR 246. It has been held by the Division Bench that even prior to the introduction of Explanation 1 in Clause (viii) of Sub-section (1) of Section 5 of the Wealth-tax Act, the expression "jewellery" included unstudded jewellery also.
3. In view of the said decision, the question referred is answered in the following words :
"Unstudded ornaments made of precious metals fall within the purview of the expression 'jewellery' occurring in Section 5(1)(viii) of the Wealth-tax Act."
4. Answered accordingly. No costs.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Commissioner Of Wealth-Tax vs Udai Saroj Shah And Arun Prakash ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
15 November, 1990
Judges
  • B J Reddy
  • V Mehrotra