Court : Supreme Court of India
Reported in : (1997)10SCC252a
..... while referring the question, the tribunal observed:if the question above is answered by the court in favour of the department, the tribunal will determine by an order under section 27(6) of the wealth tax act, 1957, the value of the compensation receivable by the assessee as on the different valuation dates. ..... these appeals are preferred against a common judgment of the calcutta high court in three references made under section 27 of the wealth tax act. ..... on further appeal, the tribunal held in favour of the assessee, but at the instance of the revenue, it referred the following question for the opinion of the high court under section 27(1):whether on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee had no right on the relevant valuation dates to receive any compensation for the acquisition of his estate ..... the question, as re-framed, reads:whether in the facts and circumstances of this case, the right to compensation under the west bengal estates acquisition act, 1953 constitutes an asset within the meaning of the wealth tax act and specially in view of the fact where such compensation under the west bengal estates acquisition act has neither been determined nor paid.2. ..... at the time of hearing of the reference, the high court re-framed the question. ..... the high court answered it in the negative, i.e. ..... when these appeals came up for hearing before us, it is brought to our notice by shri j. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ462
..... :-'though the party at whose instance a reference has been made to the appellate tribunal under section 27 of the wealth-tax act, 1957, does not have the right to withdraw a reference that has been made, yet if the party appears and says that it is not interested in the reference being answered, or makes an application for withdrawing the reference, or fails to appear at the hearing, the high court is not bound to answer the question referred and can decline to answer the reference.'7. ..... section 44(5) of the act provides : --'the high court upon the hearing of a reference under this section shall decide the question of law raised thereby and shall deliver judgment thereon containing the grounds of decision and shall send to the tribunal a copy of the judgment under the seal of the court and the signature of the registrar, and the tribunal, shall dispose of the case accordingly ..... before the duty contemplated by the section to decide the questions of law referred can arise, a hearing of the case must take place, because the section opens with the words : 'the high court upon the hearing of any such case' etc. ..... its predecessor provision contained in section 66 of the income-tax act, 1922 came up for consideration of division bench of calcutta high court in m.m. ..... it was held : --'the jurisdiction of the high court under section 34 of the said act is an advisory jurisdiction. ..... the obligation of the high court to decide the question of law is dependent upon the hearing of a reference being .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1987Supp(1)SCC430
..... after hearing learned counsel for the parties, we are satisfied that the high court was in error in not calling for a reference under section 27(3) of the wealth tax act, 1957. ..... these appeals by special leave are directed against an order passed by the gujarat high court dated january 27, 1981 dismissing an application under section 27(3) of the wealth tax act, 1957 made by the commissioner of wealth tax.2. ..... the order passed by the high court is set aside and the application for reference under section 27(3) of the wealth tax act, 1957 is allowed. ..... whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in setting aside the order of the commissioner of wealth tax made under section 25(2) of the wealth tax act, 1957?2. ..... the question whether the commissioner of wealth tax could act on material which came into existence subsequent to the order of assessment for purposes of invoking his powers of revision under section 25(2) of the act does give rise to a question of law arising out of the order of the appellate tribunal and accordingly the high court should have required the appellate tribunal to state a case ..... in the circumstances, the commissioner of wealth tax issued a notice under section 25(2) of the act and after giving an opportunity to the assessee to be heard, passed a common order dated february 23, 1978 setting aside all the assessments and directing the wealth tax officer to make fresh assessments on the correct value of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1987)61CTR(MP)102; [1988]169ITR530(MP)
..... 312 of 1984 : see appendix on page 531 infra) whereby the application filed by the petitioner under section 27(3) of the wealth-tax act, 1957, was dismissed in motion hearing by declining to call upon the tribunal to make a reference as prayed for therein. 3. ..... however, we are unable to agree with this submission as the authority of the kerala high court cited by the learned counsel for the petitioner is distinguishable and even assuming, as was submitted, that we have referred to a wrong decision, in our opinion, that by itself is not a valid ground to review the order passed earlier. 5. ..... cit : [1974]96itr29(ker) , which is a full bench decision of the kerala high court, submitted that this court under its inherent powers can review the said order as, according to the learned counsel, this court has wrongly relied on the decision in cwt v. ..... the applicant, who is the commissioner of wealth-tax, bhopal, has filed this review petition against an order dated july 16, 1985, passed in cwt v. r.s. ..... the learned counsel for the petitioner, therefore, submitted that as this authority has been wrongly applied while deciding that case, this court should review its earlier order. ..... tarabai kanakmal : [1983]140itr374(mp) which is a full bench decision of this court. 4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1925; (1997)10SCC252
..... while referring the question, the tribunal observed: if the question above is answered by the court in favour of the department, the tribunal will deter mine by an order under section 27(6) of the wealth tax act, 1957, the value of the compensation receivable by the assessee as on the different valuation dates.3. ..... these appeals are preferred against a common judgment of the calcutta high court in three references made under section 27 of the wealth tax act. ..... on further appeal, the tribunal held in favour of the assessee, but at the instance of revenue, it referred the following question for the opinion of the high court under section 27(1): whether on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee had no right on the relevant valuation dates to receive any compensation for the acquisition of his estate ..... the question, as re-framed, reads:whether in the facts and circumstances of this case, the right to compensation under the west bengal estate acquisition act, 1958 constitutes an asset within the meaning of the wealth tax act and specially in view of the fact where such compensation under the west bengal estate acquisition act has neither been determined nor paid.4. ..... at the time of the hearing of the reference, the high court re-framed the question. ..... the high court answered it in the negative, i.e. ..... when these appeals came up for hearing before us, it is brought to our notice by sri j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)30; [1996]222ITR189(SC); JT1996(4)SC62; 1996(3)SCALE313; (1996)8SCC122; [1996]3SCR1150
..... high court took the view that the tribunal had misconstrued the expression 'debts owed by the assessee' in section 2(m) of the wealth tax act. ..... the instance of the assessee, two following questions of law were referred to the high court under section 27 of the wealth tax act:1. ..... on the facts and under the circumstances of the case the provisions of section 17 of the wealth tax act were applicable so far as the assessment years for 1957-58, 1958-59, 1959-60 are concerned ?11. ..... a consequence of the answer given to the first question, the second question was answered by saying that section 17 of the wealth tax act could not he applied for the assessment years 1957-58, 1958-59 and 1959-60.12. ..... (supra), it was held that 'debt owed' under section 2(m) of the wealth tax act could be defined as the liability to pay in praesenti or in future an ascertainable sum of ..... it was pointed out that section 2(m) of the wealth tax act enjoined deduction of debts owed by the ..... it came within the meaning of the phrase 'debts owed' in section 2(m) of the wealth tax act on the valuation date.14. ..... and odd held by the assessee in his own name for recovery of the decretal debt, the wealth tax officer initiated proceedings under section 17 of the wealth tax act against the assessee for the assessment years 1957-58, 1958- 59 and 1959-60.5. ..... after giving a hearing to the assessee, the assessments were completed by the wealth tax officer for the aforesaid years of assessment holding that since the decretal amount of .....
Tag this Judgment!Court : Chennai
Reported in : [1984]10ITD16(Mad)
..... the contention of the assessee raised and argued before us is that these liabilities are not tax liabilities consequent on any assessment made on the assessee and, therefore, they are not prohibited from deduction as debt in computing the principal value of the estate under section 2(m) (iii) of the wealth-tax act, 1957 (the act). ..... the intention of the prohibition contained in section 2(m) (iii) against deduction to be allowed in respect of such tax liability is brought out in the allahabad high court decision in smt. ..... with regard to the wealth-tax liability of late umayal achi, according to us, the assessee is entitled to deduction of the same and the ratio of the decision of the allahabad high court will not be applicable. ..... the learned counsel for the assessee, however, at the time of hearing of the appeal, stated that the decision of the allahabad high court in the case of smt. ..... 065 arising from the death of umayal achi is concerned, the assessee is not entitled to the deduction of the same even on the basis of the plain language of section 2(m) (iii) and the ratio of the decision of the allahabad high court in smt. ..... now, coming to the allahabad high court decision, the facts in that case touching upon this question are that a certain amount was determined as income-tax liability payable by a huf for certain number of assessment years and such a liability was ..... referred to and relied for his proposition on the decision of the gujarat high court in ranchhodbhai bhaijibhai patel v. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1983)6ITD305(Delhi)
..... (delhi) of 1975-76 pertaining to the assessment years 1962-63 to 1969-70, the following question of law was referred to the hon'ble high court of delhi : whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the assessee was entitled to have a second opportunity in terms of sub-section (5) of section 16 of the wealth-tax act, 1957, and on that ground setting aside the orders of the authorities below and restoring the cases to the wto to reframe ..... the high court has also further held that the tribunal should have proceeded to consider whether the assessments under section 16(5) of the wealth-tax act, 1957 ('the act') were supported by the materials on record or not. ..... therefore, all the powers of the tribunal that could have been exercised by it at the time of the original hearing of the appeal could also be exercised while disposing of the appeal after the decision of the high court. ..... when these matters came up for hearing on 6-9-1982, the learned counsel for the assessee made a written prayer seeking permission to withdraw all the appeals pertaining to the assessment years 1962-63 to 969-7o in order to enable him to move the settlement commission.according to the counsel for the assessee, this application was being made under section 22m(2) of the act. ..... as directed by the high court, the hearing was fixed for going into the propriety and fairness of the estimates computed by the wealth-tax authorities.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC421; AIR1986SC421a; 1986(24)ELT193(SC); [1986]157ITR665(SC); 1985(2)SCALE1416; (1986)1SCC523; [1985]Supp3SCR850; 1986(1)LC179(SC)
..... observed that the only power that high court could exercise under section 27 of the wealth-tax act, 1957 was similar to section 66 of 1922 act i.e. ..... the inherent power which the high court can exercise while hearing a reference under section 27 must be confined to the procedure about the hearing of a reference and to passing such orders as are ancillary or incidental to the advice which the high court proposes to give while answering the questions. ..... while hearing a reference under section 27, the allahabad high court further held that the high court did not have the further inherent power to pass interim orders restraining the orders of aac or by the tribunal being given effect to. ..... by sections 261 and 262, there are provisions for appeal to supreme court and hearing before supreme court from the decision of the references in the high courts. ..... the high court hearing a reference under that section did not exercise any appellate or revisional or supervisory jurisdiction over the tribunal. ..... it was contended on behalf of the assessee that the high court was a court when it exercised its special jurisdiction and it was well settled that the high court while hearing a reference under a taxing statute had inherent power to make all such orders as it would be necessary to do justice where the circumstances of the case so required and for this reliance was placed on the observations of this court in the case of jaipur mineral development syndicate v. .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]82ITR941(Cal)
..... commissioner of wealth-tax, this court had to deal with the provisions of section 24(5) of the wealth-tax act, 1957, which were the same as those in section 33(4) of the indian income-tax act, 1922. ..... arunachalam chettiar the supreme court has closely examined the provisions of section 66 of the indian income-tax act, 1922, and has stated at page 187 that the jurisdiction of the tribunal and of the high court is conditional on there being an order by the appellate tribunal which may be said to be one under section 33(4) and a question of law arising out of such an order. ..... commissioner of income-tax.the above decisions of the different high courts in india establish beyond doubt that the word 'thereon' in section 33(4) is restricted to the subject-matter of the appeal before the tribunal and subject-matter of the appeal consists of the memorandum or grounds of appeal, the additional grounds, if any, allowed by the tribunal, and the grounds, if any, ..... commissioner of income-tax the allahabad high court drew a distinction between an interlocutory order and a final order of the tribunal and said that an interlocutory order was not an order under section 33(4). ..... this court followed the decisions of the bombay high court in new india life assurance co.s case and in lajwanti sials case and said that it was not given to the commissioner of income-tax to try to expand the scope of the appeal by application made at the time of hearing of the appeal. .....
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