SARLA DEVI SINGHANIA Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) THE petitioner seeks reference of the following two questions to this Court :

(2.) AS regards question No. 2, a similar question was called for by us in Sita Ram Singhania vs. CWT (1990) 84 CTR (Del) 90 : (1990) 183 ITR 147 (Delhi). This question has, therefore, to be referred.

(3.) AS regards question No. 1, we find from the facts that, after the land was acquired under the provisions of the Land Acquisition Act, a sum of Rs. 23,309 was offered as compensation by the Collector. A reference under S. 18 of the Land Acquisition Act was filed whereby the petitioner sought enhanced compensation. This dispute with regard to enhancement of compensation was decided on 23th Aug., 1982. The contention of the petitioner is that, on the relevant valuation date, i.e., 31st March, 1977, pertaining to the asst. year 1977 -78, with which we are concerned in this case, this amount of Rs. 23,309 could not be added to the income as the amount was in dispute. He further submits that, in the alternative, only a discounted value could be taken into account.