LAWS(MAD)-2002-8-139

COMMISSIONER OF WEALTH TAX Vs. V M RAO

Decided On August 12, 2002
COMMISSIONER OF WEALTH TAX Appellant
V/S
V.M. RAO Respondents

JUDGEMENT

(1.) THE matter in issue is valuation of shares in a private company. The Tribunal rendered its decision at a time when it did not have the benefit of the decision of the Supreme Court in the case of Bharat Hari Singhania vs. CWT (1994) 118 CTR (SC) 125 : (1994) 207 ITR 1 (SC) in which it was held that r. 1B (r. 1D) of the WT Rules is the sole basis for determining the value of such shares.

(2.) AS the order of the Tribunal is not consistent with the law laid down by the Supreme Court, the order of the Tribunal cannot be sustained. The valuation made by it is required to be modified to the extent required and to be in conformity with the law laid down by the apex Court in the case of Bharat Hari Singhania (supra).