COMMISSIONER OF WEALTH TAX Vs. GUN NIDHI DALMIA

JUDGEMENT

(1.) THE question involved in this case which is a reference application by the CIT, is whether r. 1BB of the WT Rules, 1957, applies to assessments made earlier which were pending either in appeal or otherwise or, whether the said rule applies only to assessments made after the date on which the rule came into operation. Mr. Sharma opposing the reference submits that this is obviously a procedural amendment and is not different from other amendments made in the Rules. The question suggested by the CWT is as follows :

(2.) WE think that this question should be reframed and we would accordingly direct the Tribunal to state the case on the following question :

(3.) MR . Sharma has, at this stage, made an important suggestion regarding the retroactive operation of rule I BB. He submits that a very large number of persons own property to which r. 1 BB applies and we would be merely multiplying proceedings in this Court, if we failed to answer this question in a very short time. He also submits that the answer is in reality self -evident We would, accordingly, direct the Tribunal to state this case within a month. For this purpose, it is enough if the paper book is cyclostyled by the parties and the case is listed within three months for final disposal, as several hundreds of cases of a similar type are pending in this Court, and all other cases in which a similar reference has been ordered, may be listed by the Registry along with this case, so that the whole set of cases can be decided together. The parties may seek directions if they find any difficulty in compliance. The parties will bear their own costs.