Commissioner of Wealth-tax Vs. Sita Ram Arvind Kumar - Court Judgment |
| Direct Taxation |
| Delhi High Court |
| Aug-20-1990 |
| Wealth-tax Case No. 96 of 1989 |
| B.N. Kirpal and; S. Duggal, JJ. |
| [1991]188ITR527(Delhi) |
| Wealth Tax Act, 1957 - Sections 7(4) and 27(1); Wealth Tax Rules, 1957 - Schedule III - Rule 2(9) |
| Commissioner of Wealth-tax |
| Sita Ram Arvind Kumar |
| D.K. Jain and; R.N. Verma, Advs |
| R. Santanam and ; Sanat Kumar, Advs. |
- 1. as regards question no. 1, in view of our decision in cwt v. sohan lal sita ram : [1990]184itr337(delhi) , we dispose of this petition by consigning to the record and give liberty to the petitioner to apply for its revival if and when the value of the house in question in respect of the assessment year 1971-72, which is the base year in view of section 7(4) of the wealth-tax act, is revised. 2. as regards question no. 2, the same pertains to the valuation of the shares which had been quoted on the bombay stock exchange. the assessment file of the assessed having been transferred to delhi, the commissioner of wealth-tax (appeals) took note of the central board of direct taxes circular and following the same came to the conclusion that as the distance between bombay and delhi was less than the distance between calcutta and delhi, thereforee, the value quoted at the bombay stock exchange should be adopted. this plea was accepted by the tribunal also. in our opinion, the question as to what was the proper rate to be applied in valuing the shares is a pure question of fact, on the facts and circumstances of the present case.
1. As regards question No. 1, in view of our decision in CWT v. Sohan Lal Sita Ram : [1990]184ITR337(Delhi) , we dispose of this petition by consigning to the record and give liberty to the petitioner to apply for its revival if and when the value of the house in question in respect of the assessment year 1971-72, which is the base year in view of section 7(4) of the Wealth-tax Act, is revised.
2. As regards question No. 2, the same pertains to the valuation of the shares which had been quoted on the Bombay Stock Exchange. The assessment file of the assessed having been transferred to Delhi, the Commissioner of Wealth-tax (Appeals) took note of the Central Board of Direct Taxes Circular and following the same came to the conclusion that as the distance between Bombay and Delhi was less than the distance between Calcutta and Delhi, thereforee, the value quoted at the Bombay Stock Exchange should be adopted. This plea was accepted by the Tribunal also. In our opinion, the question as to what was the proper rate to be applied in valuing the shares is a pure question of fact, on the facts and circumstances of the present case.