COMMISSIONER OF WEALTH TAX Vs. ANUSUYADEVI TAPARIA

JUDGEMENT

(1.) IN this Departmental reference relating to the assessee's three asst. yrs. 1968-69, 1969-70 and 1970-71, the Income-tax Appellate Tribunal has referred to this Court only one question of law under s. 27 (1) of the WT Act, 1957. The question reads thus :

(2.) THE counsel are agreed that in view of the Supreme Court's judgment in J. M. Bhatia, AAC and ors. vs. J. M. Shah (1985) 49 CTR (SC) 382 : (1985) 156 ITR 474 (SC), the question is to be answered in the negative and in favour of the Revenue. It is, however, stated by the counsel on the two sides that as directed by our Court in CWT vs. J. S. Sahavalla (1987) 62 CTR (Bom) 194 : (1988) 171 ITR 191 (Bom), it is necessary to direct the Tribunal to consider whether the ornaments belonging to the assessee shall fall within the meaning of the word 'jewellery'.

(3.) ACCORDINGLY, while we answer the question in the negative and in favour of the Revenue, we direct the Tribunal that it should, while giving effect to our judgment, include the value of these ornaments only which fall within the meaning of the word 'jewellery'.