COMMISSIONER OF WEALTH TAX Vs. SHYAMBIHARI SONI

JUDGEMENT

(1.) THIS is an application under S. 27(3) of the WT Act 1957 ('the Act") for directing the Tribunal to state the case and to refer the following three questions, said to be of law, for the opinion of this Court:

(2.) THE assessee carries on the business of money-lending and dealing in silver ornaments. He purchases old ornaments and sells new., For the asst. yrs. 1978-79 to 1980-81, he claimed deduction under S. 5(1) (xxxi) of the Act, on the ground that he was manufacturing or processing the silver ornaments. Undisputedly, he himself does not have manufacturing unit and gets the ornaments manufactured from outsiders as per his specifications. The WTO came to the conclusion that the assessee had no actual supervisory control over the processing or manufacturing. The said order was maintained in appeal, but reversed in second appeal by the Tribunal ,

(3.) IN the circumstances, the present application is allowed. The Tribunal is directed to state the case and to refer the above questions for the opinion of this Court. Rule made absolute accordingly. No order as to costs.