CHANDRAVATI ATMARAM PATEL Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) ON being moved under section 27 of the Wealth -tax, 1957 (hereafter referred to as 'the said Act'), the Income -tax Appellate Tribunal has referred the following question for our determination :

(2.) IN order to answer the said question, it would be necessary for us to set out the relevant facts herein :

(3.) THE Division Bench of this court, in the case of Smt. Chandravati Atmaram Patel v. CIT : [1978]114ITR302(Guj) , has declined to answer the aforesaid question inasmuch as the Division Bench was of the View that various relevant factors which were required to be taken into consideration for the purpose of deciding the nature of the land were, in fact, not taken into consideration by the Tribunal. Therefore, following the decision of the Supreme Court, the Division Bench found that, on the facts and in the light of the situation prevailing before it, two courses were open to it, i.e., (i) to call for a supplementary statement if the case from the Tribunal or (ii) to decline to answer the question raised by the Tribunal and to leave the Tribunal to take a appropriate steps to adjust its decision under section 260(1) of the Income -tax Act, 1961. The Division Bench, therefore, in the aforesaid case passed the following order (at page 315) :