Commissioner of Wealth Tax, Bhopal v. A.A. Patel (Dead) by Lrs (SC)
BS197434
SUPREME COURT OF INDIA
Before:- B.N. Kirpal and Shivaraj V. Patil, JJ.
Civil Appeal Nos. 4620-4629 of 1994. D/d.
9.8.2001.
Commissioner of Wealth Tax, Bhopal - Appellant
Versus
A.A. Patel (Dead) by Lrs - Respondents
Wealth Tax Act, 1957, Sections 27 and 16A - Determination of question of law - Assets - Valuation of - Valuation officer directed by Appellate Assistant Commissioner to make a reference - Following questions of law had arisen for determination (i) whether said reference cannot be a reference under Section 16A of the Act (ii) Whether Wealth Tax Officer not bound by the directions issued by Appellate Assistant Commissioner (iii) Whether Wealth Tax Officer was duty bound to accept the report given by valuation officer - High Court directed to decide said questions of law.
[Paras 2 and 3]
ORDER
After hearing the learned counsel for the parties, questions of law do arise. We, therefore, allow the appeals and direct the tribunal to state the case and refer the following three questions to the High Court for its decision:-
(1) Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is legally correct in holding that a reference made to the Valuation Officer in compliance with the directions of the A.A.C. cannot be a reference under section 16A of the W.T. Act ?
(2) Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is legally correct in holding that the report from the Valuation Officer, although obtained on the basis of a reference made as a result of A.A.C.'s directions, is not binding to the W.T.O. under section 16A(6) of the W.T. Act ?
(3) Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in holding that the Commissioner was not correct in concluding that the W.T.O. was duty bound to accept the Valuation Officer's report so far as the valuation of assets was concerned and by not doing so, the assessments made by the W.T.O. be treated as erroneous and prejudicial to the interests of the Revenue ?
.