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2001 DIGILAW 1287 (SC)

Commissioner of Wealth Tax, Bhopal v. A. A. Patel (Dead) by Lrs

2001-08-09

B.N.KIRPAL, SHIVARAJ V.PATIL

body2001
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 ?