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1990 DIGILAW 1231 (ALL)

COMMISSIONER OF WEALTH-TAX v. NAROTTAM DAS

1990-12-13

B.P.JEEVAN REDDY, V.N.MEHROTRA

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B. P. JEEVAN REDDY, CJ. ( 1 ) UNDER Section 27 (1) of the Wealth-tax Act, 1957, the Tribunal has stated the following question : "whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessees interest in the firm, M/s. Sheetalaya Cold Storage, was exempt under section 5 (1) (xxxii) of the Wealth-tax Act, 1957 ?" ( 2 ) THIS question is concluded in favour of the assessee and against the Revenue by the decision of this court in CWT v. Nisha Gupta [1981] UPTC 440. It has been held that cold storage is an industrial undertaking within the; meaning of Section 5 (1) (xxxii) of the Wealth-tax Act. ( 3 ) THE reference is, accordingly, answered in the affirmative, i. e. , in favour of the assessee and against the Revenue. .