COMMISSIONER OF WEALTH TAX Vs. CHAUDHRY R S

JUDGEMENT

(1.) : By this application, the petitioner seeks reference of two types of questions, the first relates to the valuation of the assessee's interest in the property No. 7, Anand Lok, New Delhi, and the other type of question sought to be raised pertains to the issue whether the superstructure on plot No. 7, Anand Lok, New Delhi, could be regarded as owned by the AOP or not and what was the share of the assessee. In respect of the asst. yr. 1979-80, the Tribunal, under the IT Act, has already referred under s. 256(1) of the IT Act two questions of law, the first of which pertaining to the issue with regard to the ownership of the house being that of the AOP or not. In our opinion, the question with regard to the valuation of the house is a pure question of fact but the other questions relate to the existence of an AOP and in view of the aforesaid decision of the Tribunal in making reference under s. 256(1), we direct the Tribunal to state the case and refer the following questions of law to this Court :