Cwt Vs. J.K. Srivastava

head note: income tax wealth tax wealth tax--chargeabilityvalue of interest in association of personsheld: assessee was liable to wealth-tax on the value of his interest in the association of persons. wealth tax act, 1957 s.3 in the allahabad high court r.k. agrawal & prakash krishna, jj. - indian penal code, 1860 [c.a. no. 45/1860]. section 302; [m.c. jain, r.c. deepak & k.k. misra, jj] murder plea as to accused being minor school register and transfer certificate not proved before court according to law held, it has to be ignored and question of age is to be determined on other evidence and circumstances surfacing on record. age determined on the basis of x-ray plates and report prepared by c.m.o., is the correct age of accused. accused was declared to be child on the date of commission of offence of murder. however, considering fact that now accused was around 41 years, he cannot be sent to approved school. accused was directed to pay fine of rs.25,000/- under section 302 i.p.c., amount of fine was directed to be paid as compensation to wife of deceased. mohammadorder1. the income tax appellate tribunal, delhi has referred the following question of law under section 27(1) of the wealth tax act, 1961, hereinafter referred to as the act, for opinion to this court.'whether on the facts and in the circumstances of the case the appellate tribunal was in error in holding that the assessee was not liable to wealth-tax on the value of his interest in the association of persons?'2. the reference relates to the assessment years 1978-79 to 1980-81.3. we have heard learned counsel for the parties.4. this court in wtr no. 193 of 1994 decided on 27-10-2004 had held that the respondent-assessee is liable to wealth tax on the value of his interest in the association of persons.5. respectfully following the aforesaid decision, we answer the question referred to us in the affirmative i.e., in favour of the revenue and against the respondent-assessee. however, there shall be no order as to costs.