COMMISSIONER OF WEALTH TAX Vs. NORMAN J FERREIRA

JUDGEMENT

(1.) IN this reference at the instance of the Commissioner of Wealth -tax Bombay City III, Bombay, the Tribunal has referred to this court following four questions as questions of law under section 27(1) of the Wealth -tax Act, 1957 :

(2.) THE assessment year involved is the assessment year 1957 -58. It is agreed between counsel appearing on the two sides that the first question is covered by this court's judgment in the assessee's own case in CIT v. Smt. Maltida Ferreira : [1977]108ITR616(Bom) and that, in view thereof, the question must be answered in the affirmative and in favour of the assessee. Counsel are also agreed that in view of this court's judgment in the assessee's own case in CGT v. Matilda Ferreira : [1978]112ITR934(Bom) , the second question must be answered in the negative and in favour of the Revenue. The first two questions are answered accordingly.

(3.) IN view of our answer to the third question, the fourth question does not survive and is, accordingly, not answered.