Commissioner of Wealth-tax Vs. Sita Ram Arvind Kumar - Court Judgment

SooperKanoon Citationsooperkanoon.com/686707
SubjectDirect Taxation
CourtDelhi High Court
Decided OnAug-20-1990
Case NumberWealth-tax Case No. 96 of 1989
Judge B.N. Kirpal and; S. Duggal, JJ.
Reported in[1991]188ITR527(Delhi)
ActsWealth Tax Act, 1957 - Sections 7(4) and 27(1); Wealth Tax Rules, 1957 - Schedule III - Rule 2(9)
AppellantCommissioner of Wealth-tax
RespondentSita Ram Arvind Kumar
Appellant Advocate D.K. Jain and; R.N. Verma, Advs
Respondent Advocate R. Santanam and ; Sanat Kumar, Advs.
Excerpt:
- 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.
Judgment:

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.