Commissioner of Wealth-tax, Bombay v. Homi P. Mehta
1994-11-08
B.P.JEEVAN REDDY, S.B.MAJMUDAR
body1994
DigiLaw.ai
JUDGMENT : These appeals are preferred against an order of the High Court of Bombay dismissing an application under sub-Section (3) of Section 27 of the Wealth-tax Act. The question which was sought to be referred is the following : "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the unquoted equity shares of non- investment companies held by the assessee should be valued on the basis of yield method and not on the basis of Rule 1-D of Wealth-tax Rules." The High Court had declined to direct the statement of case following an earlier decision of that Court. 2. However, in view of the recent decision of this Court in Bharat Hari Singhania v. Commr, of Wealth-tax, 207 ITR 1, we have to allow these appeals and accordingly these appeals are allowed herewith. The question which the Revenue wanted to be referred for the opinion of the High Court must be deemed to have been referred under Section 27(3) of the Wealth- tax Act and must be deemed to have been answered in favour of the Revenue and against the assessee. No costs. Appeals allowed.