COMMISSIONER OF WEALTH TAX Vs. VISHNU CHAUBEY

JUDGEMENT

(1.) THE Tribunal Delhi Bench "E" Delhi by a common order dt. 10th Feb., 1983 disposed of from appeals for the asst. yr. 1972-73 to 1975-76 against levy of penalty by the WTO. In its order the Tribunal has recorded a finding that estimate of an asset was always a matter of opinion and the Department has not suggested that the assessee showed in the return of net wealth the particulars of assets wrongly. That being so the Tribunal held that penalty for concealment would not be exigible. Aggrieved against the aforesaid appellate order the CWT, Agra filed reference application under S. 27(1) of the WT Act, but the same were rejected by the Tribunal by a common order dt. 11th July, 1983.

(2.) THE CWT has now filed these four corrected applications under S. 27(3) of the WT Act. We have heard Id. Counsel for the Department and we find that the matter is concluded by finding of fact recorded by the Tribunal and no statable question of law arises out of the aforesaid order of the Tribunal. All these four applications are, therefore, dismissed with one set of costs assessed at Rs. 125.