Commissioner of Wealth Tax, Meerut v. A.R. Sood (SC)
BS197443
SUPREME COURT OF INDIA
Before:- Syed Shah Mohammed Quadri and S.N. Phukan, JJ.
Civil Appeal No. 6532 of 2000 [Arising out of SLP(C) No.11827/2000]. D/d.
17.11.2000.
Commissioner of Wealth Tax, Meerut - Appellant
Versus
A.R. Sood - Respondent
Wealth Tax Act, 1957, Section 27(1), (3) and (7) - Reference - Wealth Tax Officer arriving at the assessable value of assets by adopting the average of land and building and yield method - I.T.A.T. confirmed the said method - Question not referred by Tribunal to High Court - Reference also not called by High Court - Held - Under such circumstances order of High Court not liable to be interfered with.
[Paras 2 and 3]
ORDER
1. Delay is condoned.
2. Leave is granted limited to the question on which notice was ordered. The question reads thus:
"Whether on the facts and in the circumstances of the case I.T.A.T. was legally correct in holding the valuation of cold storage by average of land and building and yield method as against the valuation of the above property on land and building method adopted in view of the DVO's report contained by the Assessing Officer on a legally valid reference?"
3. Heard the learned counsel for the parties. In as much as the Wealth Tax officer had adopted the average of land and building and yield method and arrived at the assessable value of the assets and the same has been confirmed by the Income Tax Appellate Tribunal it is on that basis the Tribunal declined to refer the aforementioned question to the High Court for its opinion under section 27(1) of Wealth-Tax Act. The High Court also declined to call for a reference on the application under Section 27(3) of the Act. In the facts and circumstances of the case we do not think that interference by this Court is called for. The appeal is therefore dismissed.
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