COMMISSIONER OF INCOME TAX Vs. SARV SHAKTI SWARUP

JUDGEMENT

(1.) THE Tribunal, Delhi, has referred the following question of law under s. 27(1) of the WT Act, 1957 (hereinafter referred to as the Act), for opinion to this Court : "Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the property of agricultural land belonged to the assessee -HUF and not to the assessee individual -

(2.) BRIEFLY stated the facts giving rise to the present reference are as under : The present reference relates to the asst. yr. 1978 -79. The respondent -assessee filed a return of wealth -tax in the status of HUF but the WTO completed the assessment in the status of individual even though in the previous assessment year on appeal the AAC held the status to be that of HUF. The AAC directed the WTO to make statement (sic assessment) in the status of HUF. Revenue's appeal before the Tribunal has failed. We have heard Sri A.N. Mahajan, learned counsel for the Revenue. Nobody has put in appearance for the respondent - assessee.

(3.) SRI Mahajan, learned counsel for the Revenue stated that this very question came up for consideration before this held that there is no concept of HUF in respect of agricultural property, which is governed by U.P. Zamindari and Land Reforms Act.